CITATION ELEMENTS: style of cause, year of decision [if not part of main citation], main citation, pinpoint [if required], parallel citation, jurisdiction and court, short form [if required].
EXAMPLES:
R v Lyon, [1898] OJ No 129, 29 OR 497 (ON H Ct J).
Cleary v Boscowitz (1901), 8 BCR 225, 1901 CarswellBC 69 (BCSC).
Let's examine each part of the citation for two cases with other sources to understand how they are constructed:
The considerations are identical to a case with a neutral citation.
example 1: R v Lyon
example 2: Cleary v Boscowitz
To determine if we need to insert a year after the style of cause, we need to look at the sources we are citing to. If the year of the case is not indicated by the main citation itself, we need to insert it here.
In example 1, the two citations provided are [1898] OJ No 129 (main citation) and 29 OR 497 (parallel citation). Since the citation to the online database service Lexis+ (OJ) includes the year, we do not need to include the year again next to the style of cause.
In example 2, the two citations provided are 8 BCR 225 (main citation) and 1901 CarswellBC 69 (parallel citation). Since the main citation does not indicate the year of the case, we need to add it in parentheses.
example 1: R v Lyon,
example 2: Cleary v Boscowitz (1901),
What to do when the year of decision and the year of publication in the reporter are different:
In most cases, the year of publication coincides with the year the decision was handed down. Sometimes, however, there is a time lag between when a case was decided and when it was reported. To be sure of the year of the decision, look at the beginning of the case itself.
If the year of the decision is different than the year in the main citation, provide the year of the decision in parentheses after the style of cause.
In this example, the case was decided in 1992 but not published in the Federal Court Reports until 1993. This requires both years to be included in the citation:
Jesionowski v Wa-Yas (1992), [1993] 1 FC 36.
If a case does not have a neutral citation or a CanLII citation, then you must use another source as the main citation. Other sources may include online databases (e.g. Carswell, Lexis+), official print law reporters (e.g. SCR, FCR), and unofficial print law reporters (e.g. OR, DLR).
The format of the citations in different print and online sources vary greatly. Descriptions of the citation patterns for a range of print and online sources are offered in sections 3.7 and 3.8 of the McGill Guide, 10th edition.
A key consideration for selecting a source as the main citation is the availability of the paragraph/page numbering for that source, especially if you intend to reference (or pinpoint) specific passages from the case. In example 1, Lexis+ has provided paragraph numbering for the version of the case found in the Ontario Judgments (OJ) database. Therefore, the OJ citation makes a good choice for the main citation if you have access to the Lexis+ database.
example 1: R v Lyon, [1898] OJ No 129,
In example 2, the British Columbia Reports (BCR) provides page numbers that may be used to pinpoint specific passages from the case. Therefore, if you have access to this print law report, then the BCR citation may be used as the main citation for this case.
example 2: Cleary v Boscowitz (1901), 8 BCR 225,
Include a pinpoint if you are citing to a particular passage in the judgment. The pinpoint follows the main citation.
Pagination and paragraphing for the same case may vary among sources. Make sure you are citing to the page/paragraph number that corresponds with the source you have chosen for the main citation.
example 1: R v Lyon, [1898] OJ No 129 at para 14
example 2: Cleary v Boscowitz (1901), 8 BCR 225 at 226
Cite the paragraph numbers from an online source if you have chosen that as your main citation (see example 1). Do not cite the page numbers from online sources, as these can vary in different formats (e.g. PDF, txt, html). If the paragraphs in an online source are not numbered, avoid using that source as your main citation.
Cite the paragraph numbers from a print source if you have chosen that as your main citation. If the print source does not contain paragraph numbers, then cite the page number on which the cited text appears (see example 2).
A parallel citation to an additional source (if available) should be provided for any case without a neutral or CanLII citation. This should be done to ensure accessibility. The sources for parallel citations may include online databases (e.g. Carswell, Lexis+), official print law reporters (e.g. SCR, FCR), and unofficial print law reporters (e.g. OR, DLR).
example 1: R v Lyon, [1898] OJ No 129, 29 OR 497
example 2: Cleary v Boscowitz (1901), 8 BCR 225, 1901 CarswellBC 69
A case citation should always indicate both the jurisdiction and court level. Neutral citations take care of this requirement, but for cases without a neutral citation, you need to add information at the end of the citation.
Use the abbreviations found in chapter 3.9 (for jurisdictions) and Appendix B (for courts).
example 1: R v Lyon, [1898] OJ No 129, 29 OR 497 (ON H Ct J)
example 2: Cleary v Boscowitz (1901), 8 BCR 225, 1901 CarswellBC 69 (BCSC)
Leave spaces when abbreviations consist of both upper- and lower-case letters. In example 1, the abbreviation for Ontario consists of upper-case letters, whereas the abbreviation for the High Court of Justice consists of both upper- and lower-case letters. Therefore, we leave spaces between each element of the overall abbreviation (ON H Ct J).
In example 2, the abbreviation for British Columbia consists of upper-case letters, and the abbreviation for Supreme Court consists of upper-case letters. Therefore, we do not need to leave any spaces because the entire abbreviation consists solely of upper-case letters (BCSC).
A short form is required only when there are further references to the case in your work. See Chapter 1.4 of the McGill Guide, 10th edition for the rules on establishing and using short forms.