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Citing Cases.docx
Citing Cases.docx
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Citing Cases.docx

  1. Citing Cases 1. Include the FULL case citation. You can do this in one of two ways i.e. EITHER give the full citation in one line such as: Lafarge Canada Inc. -and- International Brotherhood of Boilermakers, Lodge D385, [2008] BCCAAA No. 188 (Sullivan) OR you can copy the whole headnote of the case from the actual document. The first approach is shorter but MUST INCLUDE: parties names, DATE, jurisdiction [usually given in something like "BCCAAA", citation number such as BCCAAA No. XXX, arbitrator's name. If ANY of the foregoing is missing you have an incomplete citation. It is NOT the QuickLaw, LexisNexis or CanLii URL. You can't go wrong with the latter approach. 2. Merit/Seniority Cases - ALWAYS include the CA language. When you omit this it is impossible to decide if your case is on point b/c the reader can't compare the language from the cited case to the case you are presenting. 3. YOU tell the story. DO NOT use excerpts to tell the story except in very unusual circumstances. Instead, use excerpts to reveal the arbitrator's thinking. Best excerpts are often found near the end of the award when the arbitrator is explaining why s/he decided the case the way s/he did. 4. Discipline Cases - ALWAYS note the length of service of the grievor in the cited case AND their record. THEN compare this to your grievor. It is critically important. So for example if a 10 year employee was reinstated in the cited case, YOUR 18 year employee stands a MUCH better chance of being reinstated. 5. It is really hard [but not impossible] to use cases of a different type to argue your case. So for example it's not often that you can use a promotion case to argue a layoff or
  2. bumping situation b/c the language of the CA will be so much different in the two situations. 6. For citing Collective Agreements, please cite this way in E-ports and bibliographies: Collective Agreement, Health Employers Association of BC and Nurses' Bargaining Unit, April 1, 2014 to March 31, 2019.
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