Ontario Justice Education Network

LEGAL REASONING TOOL

GUIDE TO CANADIAN LEGAL CITATION

TABLE OF CONTENTS

PART 1 – GENERAL RULES: FOOTNOTES/ENDNOTES
Why cite? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Footnotes and Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
A) STATUTES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B) LEGAL CODES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
C) CASES/REPORTERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5
D) PERIODICALS/JOURNALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6
E) BOOKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8
F) MAGAZINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
G) NEWSPAPERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
H) ELECTRONIC SOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-11

PART 2 – GENERAL RULES: BIBLIOGRAPHY

General Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Author’s Name – Footnotes vs. Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Hanging Indent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
General Format – Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PART 3 – GENERAL RULES: IN-TEXT REFERENCES

MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
FACTUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14

FURTHER REFERENCE
APPENDIX: COMMON ABBREVIATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-20
 Ontario Justice Education Network

CITATION GUIDE

WHY CITE?
Proper citing is important. Legal matters are one In general, there are two different kinds of legal
way in which society makes difficult decisions and writing. First, there is academic writing, such as
these decisions can have important consequences scholarly research or textbooks about the law,
for individuals and communities. Legal writing is a research reports, professional papers or persuasive
way of recording how these decisions were made, essays that deal with matters of law. Second,
so that other people can understand them and even there are legal documents that are prepared by
revisit and change them in the future. Citations allow lawyers and sometimes submitted in the course of
others to find the sources that were used so they researching and making arguments in their cases.
can consider them on their own and help to clarify The latter part of this resource deals with two
which authors are putting forth which ideas or examples of these: memoranda and facta.
arguments. They also help to show that the writing
has been carefully researched and professionally
prepared. Careless citation detracts from the overall
impression of a case brief, memorandum or factum.
PART 1:
GENERAL RULES: FOOTNOTES/
In Canada, legal writing follows rules that are set out ENDNOTES
in the Canadian Guide to Uniform Legal Citation. This Footnotes are the citations for the exact page
reference text is published by the McGill Law Journal, numbers referred to in a source. They go at the
which is affiliated with the Faculty of Law at McGill bottom of the page on which that source is used.
University in Montreal. Commonly referred to as the
“McGill Guide”, it is revised periodically to ensure that Endnotes also are citations for the exact page
the rules it sets out are up-to-date. numbers. They are all listed together at the end of a
document or a section of a document, just before the
Legal citation is complex. The information in this bibliography.
resource is based entirely on the Canadian Guide
to Uniform Legal Citation, 7th ed (Toronto: Carswell, NOTE: Either can be used, but not both.
2010). The sections below address some of the Footnotes are preferred.
most commonly-used of these rules in language
Before using the specific citation rules, keep these
that is accessible to secondary students.
general points in mind:

• Mark footnotes/endnotes in the written text

with numbers like these after the punctuation/
1

quotation marks. 2These numbers are called

“superscripts”.

1
This section at the bottom of the page is called the footnotes. When
using footnotes, rather than endnotes, this is where the full references for
all the sources used on that page should appear.
2
Note that the superscript appears after the period in this sentence.

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• When citing a source for the first time, provide

a complete citation for that work in a footnote/
• When using supra, as in the example above,
use a short form for the source. Notice how
endnote. note 4 uses the short form “Grant” to refer to
• Later references to the same work can be cited
using the short forms ibid or supra. Always
the original “R v Grant.” In note 5, the short form
“Anand” (the author’s last name) has replaced
italicize these and other Latin terms. “Sanjeev Anand.”

• Ibid - is Latin for “in the same place.” Use ibid when
• The short form for a source (e.g. [Grant] should
be written at the end of the original citation in
referring to the same source listed just before. [brackets] (see note 1, in the examples above).
Ibid may be used after supra, (See McGill Guide at
E-11 to E-12) or even another ibid. For example: • Pinpoint citations - Footnotes and endnotes
should identify the precise page or paragraph
1. R v Grant, 2009 SCC 32, [2009] 2 SCR 353 at number referred to from the source. The format
para 25 [Grant]. for precise citations is shown in notes 1, 2,
2. Ibid at para 33. and 4 in the example at the top of this page.
3. Ibid at para 47. An example of how to show the precise page
number is shown in note 5.

• Supra - is Latin for “above.” Use supra when

referring to a source which has already been
• Note that the familiar terms “page” and “p.” are not
used to pinpoint a page reference, but “para” is
cited (but not immediately before the current used to indicate a specific paragraph, usually in
citation). When using supra, refer to the original, a legal decision.
complete citation, never an ibid or another
supra. In the example below supra is used • Abbreviate chapter to c.
twice, to refer to the sources originally cited in • Abbreviate section to s. and sections to ss. in
the footnotes or endnotes. In the text, write
notes 1 and 3:
these terms out in full the first time they are
1. R v Grant, 2009 SCC 32, [2009] 2 SCR 353 at used, but use the same abbreviations in all
para 25 [Grant]. later instances.
2. Ibid at para 33. • For Quebec codes, abbreviate article and
articles as art and arts, respectively.
3. Sanjeev Anand, “A Case for Integration”
(1994) 25 CR (5th) 312.
• Do not abbreviate preamble or schedule.
4. Grant, supra note 1 at para 47.
• When referring to more than one section of a
source, separate consecutive sections with a
5. Anand, supra note 3 at 313.
hyphen (1-2-3) and non-consecutive ones with

• Use short forms - It isn’t necessary to repeat

information provided in the written text or in
a comma (4,7,9).

a citation.

• Iftexttheofname of the case being cited is used in the

the paper, don’t repeat the name in the
citation. Just keep the rest of the information.

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CITATION GUIDE

SPECIFIC RULES: Revised Statutes

FOOTNOTES/ENDNOTES Periodically, all existing statutes are put into one
complete set, called “Revised Statutes”. To cite these
A) STATUTES revised versions, add “R” before the jurisdiction
A. CITING STATUTES FROM PRINT abbreviations. For example, the Statutes of Ontario
RESOURCES were last revised in 1990, the Statutes of Canada in
“Statutes” means the laws of a region. Examples 1985. They are cited as:
of Canadian statutes include the Copyright Act, RSO 1990 - Revised Statutes of Ontario 1990
Criminal Code, Youth Criminal Justice Act and Access RSC 1995 - Revised Statutes of Canada 1985
to Information Act. In law libraries and in some public
libraries, these laws are available in book form. When Example revised statute citations:
using these printed statutes as a source, cite them
using the following basic format: Employment Standards Act, RSO 1990, c E.14.
Canada Elections Act, RSC 1985, c E–2.
1. The title of the statute in italics
2. The jurisdiction (place) and year the law
was created (see the appendix for a list of B. CITING STATUTES FROM AN
common abbreviations ELECTRONIC SOURCE/INTERNET
3. The chapter (c) number referred to If accessing statutes from a government source like
the Ontario Government’s e-Laws website (www.e-
4. The specific section and subsection (in
laws.gov.on.ca), cite them as usual.
parentheses).
If accessing statutes from a commercial service like
The following example uses these rules to create a Quicklaw, cite as usual but add the abbreviation or
reference to information taken from chapter 6 of the the full name for the website service in (parentheses)
Registered Human Resources Professionals Act, 2013, at the end of the citation:
which was published in the 2013 Statutes of Ontario:
Parental Responsibility Act, SO 2000, c 41, s 15 (QL).
Title

Registered Human Resources Professionals Act,

2013, SO 2013, c 6, s 1(3).

Jurisdiction Chapter Section and

and Year (Subsection)

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CITATION GUIDE

B) LEGAL CODES The order of the neutral citation is:

CITING CODES 1. The style of cause, in italics (who is versus who, with
the party initiating the proceedings listed first)
Legal codes have their own abbreviations, and the
sections in them are called articles (art). Here is a list 2. The year
of the most common codes used, and how they may 3. The tribunal identifier (an abbreviation identifying
be cited: the court making the decision - see the appendix
for a list of Canadian tribunal abbreviations)
Example citation with
Code Name 4. The decision number given by the court.
abbreviation

Civil Code of Quebec art 1260 CCQ

Year of Decision Decision Number

Civil Code of Quebec (1980) art 435 CCQ (1980)

Civil Code of Lower Canada art 1131 CCLC R v Blue, 2011 ABQB 60

Code of Civil Procedure art 477 CCP

Code of Penal Procedure art 104 CPP Style of Cause Tribunal Identifier

PARALLEL CITATION
C) CASES/REPORTERS In Canada, the practice of assigning neutral citations to
CITING CASES: RULES decisions commenced in 1999. This means that many
Cases are the facts and arguments that the courts older cases do not have neutral citations. Also, while the
consider in making legal decisions. Cases are frequently neutral citation clearly identifies the basic elements of
cited in legal writing because of common law tradition the reference, it does not indicate to a reader where the
in Canada, whereby the courts consult cases heard in the writer located that case. For these reasons, it is necessary
past to assist them in making decisions in the present. to include a second reference to the case which directs
the reader to one or more sources in which the case has
NEUTRAL CASE CITATION been published. This is called the parallel citation:
When a decision is made for a case, the court assigns it
Year of Publication Title of Publication
simple referencing information. This information indicates
the year of the decision, the court at which the decision
was made, and a decision number. Taken together, this
information is referred to as the neutral citation, and it R v Blue, 2011
serves as a record of that case information separate from ABQB 60, [2012] 352 AR 235 at para 12.
the database or reporter in which it is published.

Volume Page Pinpoint

information

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Typically, these publications are court reporters, There are numerous types of tribunals and levels of
which are periodicals containing court decisions. Some court in Canada. Some of the most common, and their
examples of the most common of these can be found abbreviated identifiers, may be found in the appendix.
in the appendix.
D) PERIODICALS/JOURNALS
Parallel citations might also refer to other kinds of
sources such as electronic databases that do the GENERAL FORM
same thing. Quicklaw (“QL”), WestLaw (“WL”) and the Periodicals are publications that are produced at
Canadian Legal Information Institute (“CanLII”) are intervals of more than one day, usually by year and
common electronic databases. While Quicklaw and sometimes in smaller intervals (e.g. bi-monthly or bi-
Westlaw both require paid subscriptions for access, annually). When citing an article in a periodical, the
CanLII is a non-profit organization managed by the following general format is used:
Federation of Law Societies of Canada. Its resources
are free and accessible to the public. Author “ Title” (year) volume
abbreviation
page pinpoint.
of journal

UNREPORTED CASES “Creating

an
Note that not all cases are published in official or even John
Indigenous (2005) 50 McGill LJ 153 at 155.
Borrows,
semi-official case reporters. Some may only be available Legal
Community”
electronically. These “unofficial” reporters should only be
included in the citation when no reference to an official
or semi-official reporter is available. Finally, some cases EXPLANATIONS
may only be available from the court or tribunal that
delivered the decision. In these circumstances, cite in The title of an article should be placed in quotation
the following format: marks. Do not put a comma or period after the title.

1. The style of cause, in italics The year is the year of publication for the journal. Place
the year of publication of the journal in parentheses if
2. Date of decision (in parentheses)
the journal is organized by volume number. If the journal
3. Judicial district is organized by year, and not by volume number, then
4. Docket number place the year of publication in square brackets (for
5. Jurisdiction and Court (in parentheses). example, [2005]).

Judicial District Journal names should be abbreviated in the citation3.

For example, the title Administration Law Review would
be shortened to Admin L Rev.

The page is the page number in the journal where the

Bhatia v Nathan (19 December 2013), Simcoe
first page of the article cited appears.
4791/002255 (ON ONSC).
A pinpoint is used when citing a specific page in an
article for a specific purpose (for example, when quoting
the author of the article).
Docket number Jurisdiction and
Court Decision 3
Cardiff University maintains an excellent index to legal abbreviations,
including periodicals. See http://www.legalabbrevs.cardiff.ac.uk/

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CITATION GUIDE

ONE AUTHOR MORE THAN THREE AUTHORS

If the article has only one author, use the name of If there are more than three authors, include only the first
the author as it appears on the title page of the article. author’s name, followed by “et al”:
Include all names and initials used, but do not add a
space between two initials. Rafael La Porta et al, “Law and Finance” (1998) 106
Journal of Political Economy 1113 at 1152.
Lynn A Iding, “In a Poor State: The Long Road to
Human Rights Protection on the Basis of Social
To sum up, the order of a periodical citation is:
Condition” (2003) 41 Alta LR 513.
1. The author(s)
HW Arthurs, “The Political Economy of Canadian
Legal Education” (1998) 25 LJ & Soc’y 14. 2. The title
3. The year in which the periodical was published
Make sure to include titles such as “The Honourable”, 4. The volume number of the particular periodical
“Madam Justice”, “Rabbi”, or “Lord” if they appear on the that contains the cited article
title page of the article. There is no need to include the 5. The abbreviation of the journal which you
author’s degrees or other credentials. are citing
MORE THAN ONE AUTHOR 6. The page of the journal on which the first page
of cited article begins
The following rules are used where an article has been
written by more than one author. 7. A pinpoint, if referring to a specific page of
the article.
TWO AUTHORS
If there are two authors, separate the authors’ names with E) BOOKS
an ampersand (&):
GENERAL FORM
David Welssbrodt & Muria Kruger, “Norms on the When citing a book, use the following general format in
Responsibilities of Transnational Corporations and the footnotes/endnotes:
Other Business Enterprises with Regard to Human
Rights” (2003) 97 AJIL 901.
(Place of
Edition year of pub-
Author Title, pub- publisher, pinpoint.
(if any) lication)
lication:
THREE AUTHORS
If there are three authors, separate the first two authors’
Univeristy of
names with a comma (,) and place an ampersand (&) Toronto Press
Bora Laskin: for the
before the last author’s name: Philip
Bringing Law 2d ed Toronto Osgoode 2005) at 20.
Girard,
to Life, Society for
Canadian
Susan Wand, James Byron & Daniel Webb, Legal History
“Ethical Lawyering and Teaching Advocacy”
(2001) 46 Policy Rev J 19.

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CITATION GUIDE

EXPLANATIONS Write the publisher’s name as it appears on the title page

of the book or edition. Do not abbreviate the publisher’s
The title of the book or volume should be indicated in
name, and do not include “the” if it appears as the first word
italics.
of the publisher’s name. Also, do not include terms that
Subtitles of a book should always be introduced by a identify corporate status (e.g. Ltd, Inc, or etc).
colon. For example:
Martha M Ertman & Joan C Williams, Rethinking
Petri Mantysaari, Comparative Corporate Commodification: Cases and Readings in Law and
Governance: Shareholders as a Rule-Maker Culture (New York: New York University Press, 2005).
(New York: Springer, 2005).
Waldo Ansaldi, ed, Democracy in Latin America: The year of publication appears on the title page of the
A Boat Adrift (Buenos Aires: Fondo de Cultura book or its verso (back page). For the year of publication,
Economica, 2007). indicate the year of the edition being cited, not of the first
edition. Use the most recent copyright date unless the
A comma should always be placed before dates included year of publication is given specifically.
at the end of a title. For example:
Michael Harnes-Garcia, Fugitive Thought: Prison
WR Cornish & G de M Clark, Law and Society in Movements, Race and the Meaning of Justice
England, 1750-1950 (London, UK: Transaction (Minneapolis: University of Minnesota Press, 2004).
Publishers, 2009).
If no year of publication is listed, write [nd].
If the book appears in several editions, place the
number of the edition (e.g. 8th ed) after the title. Do Tomas A Home, Civil Litigation and the Legal
Landscape (Toronto: University of Toronto Press, [nd]).
not superscript (i.e. place in small letters) the st, d or th
following the number. For example: Place a pinpoint after the publication information if
citing a page or paragraph from a book for a specific
Richard Clayton & Hugh Tomlinson, eds,
Civil Actions Against the Police, 3d ed (London, UK: purpose (e.g. if quoting the author). Do not include
Sweet & Maxwell, 2004). a “p” to indicate page number. For example:

The place of publication should be included as it Beth Harris, Defending the Right to a Home: The
appears on the title page or the verso (back) of the title Power of Anti-Poverty Lawyers (Aldershot: Ashgate,
2004) at 45.
page. Use an English form of the name if it exists (e.g.
Munich instead of Munchen). Separate consecutive page or paragraph references by a
hyphen (-), and indicate at least the last two digits of the
Bruce MacDougall, Queer Judgements:
Homosexuality, Expression, and the Courts of Canada second number at all times. For example:
(Toronto: University of Toronto Press, 2000).
Morgan Tailor, Property Law in Context (Toronto:
University of Toronto Press) at 150-56.

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Non-consecutive page numbers are separated by a EDITOR OF A COLLECTION

comma (,). For example: Academic or legal books are often collections of works
by various writers, but no single author. Instead, such
Ruth Garret & Tyler Moore, Law and Corporate
a volume usually has an editor. When citing an edited
Governance (Toronto: Carswell) at 45, 56.
volume, treat the editor as author, followed by “ed”.

ONE AUTHOR HG Beale, ed, Chitty on Contracts, 29th ed

Where a single person authored a book or edition, (London, UK: Sweet & Maxwell, 2004).
indicate the author’s name as it is presented on the title
page of the book. Include all names and initials used, but When citing an article by an author within an edited
do not place a space between two initials. volume, and if the author’s name is not part of the title of
the edited volume, indicate the editor after the edition.
Ellen Anderson, Judging Bertha Wilson: Law as Large Always introduce the name(s) of the editor(s) with ed by.
as Life (Toronto: University of Toronto Press for the
Osgoode Society for Canadian Legal History, 2007). TR Colmes, History of International Law, ed by Ken
H Patrick Glenn, Legal Traditions of the World Clarke (Toronto: University of Toronto Press, 2001).
(Oxford University Press, 2000). Ben Stacey, Legislative History of Animal Rights Law,
ed by Jon T Finnighan & Miles Tepper (New York:
MORE THAN ONE AUTHOR Springer, 2004).
Include up to three authors, separating the first two
authors’ names with a comma (,) and the last two with an If there is a numbered edition, note this (e.g. 5th ed by).
ampersand (&). For example:
SA De Smith, Judicial Review of Administrative Action,
5th ed by Lord Woolf & Jeffrey Jowell (London, UK:
Allan Manson, Patrick Healy & Gary J Trotter, Sweet & Maxwell, 1995).
Sentencing and Penal Policy in Canada: Cases,
Materials and Commentary (Toronto:Emond
Montgomery, 2000) To sum up, the order of a book citation is:

1. The author(s)
If there are more than three authors, include only the
first author’s name followed by et al. 2. The title (of the book or article within the book)
3. The place of publication
Joel Bakan et al, Canadian Constitutional Law, 3d ed
4. The name of the publisher
(Toronto: Edmond Montgomery, 2003).
5. The year of publication
COLLABORATIONS 6. A pinpoint, if referring to a specific page of the
For collaborations other than full joint authorship, follow
book or edited compilation.
the usage on the title page or its verso (back page) of the Note that when citing an article contained in an edited
book. For example: compilation, indicate the editor of the compilation using
the above noted rules. Also pay attention to whether the
Pierre-Gabriel Jobin with the collaboration of compilation is part of a series of editions and make note
Nathalie Vezina, Baudouin et Jobin: Les obligations,
6th ed (Cowansville, Que: Yvon Blais, 2005). of it in the citation according to these rules.

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F) MAGAZINES G) NEWSPAPERS
When writing an essay or legal document, it may be GENERAL FORMAT
necessary to refer to a magazine article. As for cases, statutes, Citation of newspaper articles is similar to citation of
periodicals and books, proper citation of magazines is magazine articles. When citing newspaper articles, use
extremely important and will allow the reader to quickly find the following general format:
the article if she or he ever needs to reference it.
electronic
GENERAL FORMAT Author,
“title of
article” ,
newspaper (date) page source (if
applicable).
When citing an article from a magazine, the following
general format is used: online
Guardian
“Take the (25
volume electronic The Unlimited
Author, Naomi Wolf, shame out of November
“article magazine number: first page source Guardian <http://
(if (date) pinpoint, rape”, 2005)
title”, title issue of article, (if guardian.
available) co.uk>.
number: applicable).

“Ottawa eyes
“Mugabue’s six candidates
(19 (17
Self The in search Canadian
377: 8453 November 66, at 4. October QL).
Defeated Economist of new Press
2005 ) 2005)
Foes”, Supreme
Court judge”,
online
“Judges Macleans.ca “Ruling
Luiza (26 (10
Are <http:// on baby BBC
Maclean’s September 36, November
Savage, like www. with three News
2005) 2005)
Umpires”, macleans. mothers”,
ca>.

“PM
Benjamin “Buried Harper’s (December Bill Curry, Premiers (26
309: 1855 70, The Globe
magazine 2004) work out deal November A4.
Phelan, Truths”, and Mail
on aboriginal 2005)
rights” ,

“CIPO
online
Karen contemplating
EXPLANATIONS Montheith, changes – (30
Canadian
Trademark
Extensions September
<http://www.
Include the name of the author of the article (if applicable) of time in 2009)
trademarkblog.
examinations
ca>.
followed by the title of the article in quotation marks.

The name of the magazine should always be listed

in italics.
EXPLANATIONS
Provide the name of the author (if available) followed
Include the volume number and issue number,
by the title of the article in quotation marks.
separate by a colon. There should be no spaces between
the numbers and the colon. Provide the name of the newspaper in italics.
Insert the full date of publication in parentheses. If the If geographic information is required to identify the
date is a time-span, rather than a precise date, indicate newspaper source, indicate the city within square
the first day of coverage (e.g. 22 November, not 22-28 brackets in the title (e.g. Business Times [of Singapore] or
November). The [Montreal] Gazette).

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CITATION GUIDE

If pages of the newspaper are numbered by section, ONLINE JOURNALS

provide the section’s identifier (e.g. A4).
When citing an article from a journal accessed via the
If the article is contained in a single page, do not repeat internet the following general format is used:
that page for the pinpoint.
volume:
Traditional article
online: (year) issue journal pinpoint <URL>.
H) ELECTRONIC SOURCES citation, number

There are some specific rules that apply when citing

Grant Yang, <http://
electronic sources. Some common types of electronic “Stop the Duke L & www. law.
online: (2005) 14 at para 5
sources might include: Abuse of Tech Rev duke. edu/
Gmail!”, journals>.

1. Electronic Services: These are articles that may

be found on electronic legal databases, such as Kahikino
LexisNexis and Quick Law. Noa
<http://
“Racial Asian
www. law.
2. Online Journals (e-Journals): These are Classification
or Cultural
online: (2005) 6:1 Pac L &
Pol’y J
5
hawaii.
edu>.
complete journals that are available online. Identifica-
tion?”,
3. Websites: For articles or references that are found
on websites.

ELECTRONIC SERVICES WEBSITES

When citing a periodical, book, magazine or newspaper Occasionally, some reference materials may be available
accessed through an electronic service such as exclusively on a commercial or organizational website.
LexisNexis or Quicklaw, provide the full citation of the
When citing a source on a website, provide the full
source (described in the pages before) followed by the
traditional citation, followed by a comma. Add online:
abbreviation of the electronic service in parentheses.
and the name of the website, followed by the URL
TRADITIONAL CITATION address. For example:

(electronic service
Traditional citation, Traditional citation, online: name of website <URL>.
and database)

Kristin Savell,
“Human Rights in the Age of Technology: (Lexis). Henry Samuel,
Can Law Reign In the Medical Juggernaut?” “March for girl set alight
<http://www.
(2001) 23 Sydney L Rev 423 after Marriage refusal” online: The Telegraph Group
telegraph.co.uk>.
The Daily Telegraph
(28 November 2005),
Alan D Gold,
Expert Evidence in Criminal Law:
(QL).
The Scientific Approach
(Toronto: Irwin Law, 2003) Theodore de Bruyn,
A Plan of Action for Canada Canadian HIV/AIDS
online: <http://aidslaw.ca>.
to Reduce HIV/AIDS-related stigma Legal Network
If a publisher is not listed, or if the text is not published and discrimination,

anywhere other than in the electronic service, then cite

the electronic service as the publisher. For example:
Write the URL of the home page of the website. If the specific
Jeffrey Kennedy, Conspiracies and the Criminal Law page is not likely to move or would be too hard to find from
(Kingston, Ont: QL, 2001). the home page, write the URL of the page (e.g. a PDF file).

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WHERE AUTHOR’S NAME NOT FOUND Within each section, always list each of the entries in
alphabetical order. Be sure to sort legislation by title,
Some websites might not include the name(s) of
jurisprudence by style of cause (i.e., the case name), and
authors for written work. In these cases, use judgment
secondary materials by the last name of the author.
and include basic, critical information in place of the
traditional citation. For example:
AUTHOR’S NAME – FOOTNOTE CITATIONS
VS. BIBLIOGRAPHIC REFERENCES
Traditional citation, online: name of website <URL>
Remember that when you are citing a source in a
footnote, the author’s first name will appear first, followed
EPA Science and Technology,
US Environmental by his or her last name. There are no commas between
Tiny new technology to clean online: <http://www.epa.gov>.
Protection Agency these names but there is a comma following the author’s
up big pollution problems,
name before the title of the source. For example:

John Borrows, On the Law of Contracts

PART 2: (Toronto: Irwin Law, 2005).
GENERAL RULES: BIBLIOGRAPHY
Unlike footnotes, when you are producing a reference for
A bibliography is a list of all of the sources (e.g. your bibliography, the author’s last name will appear first.
periodicals, books, electronic sources, and so on) that Both names are separated by a comma and a period will
were used in writing a paper or other academic and/ follow the author’s name before the title of the source.
or legal document. The purpose of a bibliography is to Using the above example, a bibliographic reference of
give credit to other authors whose work was consulted that source would look like:
and to allow the reader (for example, the public, other
lawyers, or judges) to easily find these source(s). It Borrows, John. On the Law of Contracts
always appears at the end of the document. (Toronto: Irwin Law, 2005).

GENERAL FORMAT
If there is more than one author for a bibliographic
When citing a source using the McGill Guide, divide the reference, write the first name before the last name for
bibliography and tables of authorities of legal texts into every author except for the first one. For example
the following sections:
Baudoin, Jean-Louis & Pierre-Gabriel Jobin. Legal
1. Legislation: This includes all Acts or “statutes” Theory (Toronto: University of Toronto Press, 2009).
referred to
2. Jurisprudence: The cases, or legal decisions, of
judges. HANGING INDENT
3. Secondary Materials: This section will include When making your bibliography, include a hanging
all journals, books, magazines, websites, etc. that indent of ¼ inch or 0.63 cm before each citation.
were used. Include this indent in all lines except for the first one.
For example:
4. Other Materials: If applicable, this section
will include all sources that do not easily fit Macklem, Patrick. Indigenous Difference and
into the above three types of source, such as the Constitution of Canada (Toronto: University
monographs. of Toronto Press, 2001).

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EXAMPLE OF GENERAL FORMAT PART 3:

LEGISLATION
GENERAL RULES: IN-TEXT
Anti-terrorism Act, SC 2001, c.41. REFERENCES
Aggregate Resources Act, RSO 1990, c.A-6. In legal writing, the standard rule is to use footnotes
Tobacco Products Control Act, RSC 1985 (4th Supp), when referencing sources. However, there are certain
c.14. types of legal documents in which citations should
be included in the body of the text. These types of
citations are called in-text references.
JURISPRUDENCE
The types of documents where in-text references
Delgamuukw v British Columbia, [1997] 3 SCR 1010, should be used are:
153 DLR (4th) 193.
1. Memorandum (or “Memorandum of Law”)
Letourneau c Lafleche Auto Ltee, [1986] RJQ 1956
(Sup Ct). 2. Factum

Nova Scotia (Workers’ Compensation Board) Explanations for each of these documents, as well
v Martin, 2003 SCC 54, [2003] 2 SCR 504. as how to cite within them, are explained below.
Note that even when writing a memorandum or a
factum, a full bibliography is required at the end of the
SECONDARY MATERIAL: MONOGRAPHS document. The rules for references in the bibliography
Macklem, Patrick. Indigenous Difference and the of a memorandum or a factum are the same as those
Constitution of Canada (Toronto: University of described previously in this resource.
Toronto Press, 2001).
Nadeau, Alain-Robert. Vie privee et droits
MEMORANDUM
fondamentaux (Cowansville, Que: Yvon Blais, 2000). A memorandum, also referred to as a memorandum
of law, is a document that summarizes law, facts,
Smith, Graham JH. Internet Law and Regulation,
3d ed (London, UK: Sweet & Maxwell, 2002). potential legal arguments for both sides to the
dispute(s), and potential remedies available to the
Tan, Cheng Han. Matrimonial Law in Singapore and client. The purpose of a memorandum is to sum up the
Malaysia (Singapore: Butterworths Asia, 1994). present state of the law related to the facts of a client’s
legal problem, and to anticipate whether a client’s case
SECONDARY MATERIALS: ARTICLES will be successful or unsuccessful if brought to trial.
Borrows, John. “With or Without You: First Nations
Legal memoranda are generally internal documents,
Law (in Canada)” (1996) 41 McGill LJ 629. produced by and for the lawyers in a law office only,
to assess whether a client’s case may be successful.
Borrows, John. “Wampum at Niagara: The Royal
Proclamation, Canadian Legal History, and Self- REFERRING TO SOURCES IN A MEMORANDUM
Government” in
When referring to sources in a memorandum, the
Michael Asch, ed, Aboriginal Treaty Rights in Canada:
Essays on Law, Equity, and Respect for Difference reference should follow immediately after the sourced
(Vancouver: UBC Press, 1997) 155. text in parentheses. When citing a source for the first

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time, the usual rules of footnotes should be used (see underline that there cannot be joint and several
above). If a reference is repeated later in the text of the responsibility for punitive damages because
document, include a short form after the citation (see they arise from the misconduct of the particular
Hill example, below. If a reference is not repeated, do not defendant against whom they are awarded (Hill,
include a short form (see Robitaille example, below). at para 195).

WHEN TO USE A SHORT FORM OF A SOURCE

FACTUM
After the first time a reference is used, use only the Unlike a memorandum of law, whose purpose is to
short form. A pinpoint reference may also be required, assess the probability of success of a client’s case, a
depending on the precise citation (for example, Hill at factum is a persuasive legal document. Facta (the
para 195). plural of “factum”) are produced by lawyers when a
client’s case is brought to an appellate (i.e. appeal)
USE OF “IBID” AND “SUPRA” IN A MEMORANDUM court. Facta do not generally introduce new facts to
As described above, use ibid to refer to the the case, but rather contain legal arguments that are
immediately preceding reference and use supra when meant to persuade the appellate court that the law
a reference has been mentioned before. was correctly (or incorrectly) applied by a lower court
to the facts of a particular case.
GENERAL FORMAT OF MEMORANDUM
CITATIONS REFERRING TO SOURCES IN A FACTUM
Using the rules noted above, the following is the When referring to sources used in a factum, the
example given in the McGill Guide of in-text complete reference for the source should be written
references used in a factum: at the end of each paragraph of text. Be sure to indent
from both margins and use a smaller font size for the
In addition to the requirement of an “actionable reference (see format example below).
wrong” independent of the breach sued upon,
punitive damages will only be awarded “where USE OF SHORT FORMS IN A FACTUM
the defendant’s misconduct is so malicious,
The short form of a reference should appear in
oppressive, and high-handed that it offends the
brackets after the first citation. Short forms of sources
court’s sense of decency” (Hill v Church of Scientology
are to be used in the body of the text of the factum
of Toronto, [1995] 2 SCR 1130 at para 196, 186
(see format example below).
NR 1 Cory J [Hill]). Such behaviour has included
defamation (ibid), failure to provide medical care
ORDER OF SOURCES
(Robitaille v Vanvouver Hockey Club, [1981] 3 WWR
481, 124 DLR (3d) 228 (BCCA) [Robitaille]), and Organize the references in the order in which they
exceptionally abusive behaviour by an insurance appear in the text of the factum. Start a new line after
company (Whiten v Pilot Insurance, 2002 SCC 18, each reference. Do not use a semicolon (see format
[2002] 1 SCR 595 [Whiten]). example below).

Since the primary vehicle of punishment is the

criminal law, punitive damages should be scarcely
used (ibid at para 69). It is also important to

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USE OF “SUPRA” AND “IBID” IN A FACTUM 6. Since the primary vehicle of punishment is the
criminal law, punitive damages should be scarcely
Follow the usual rules for the use of supra (described
used. It is also important to underline that there
above). Note that each paragraph in a factum is
cannot be joint and several responsibility for
numbered. Instead of referring to a footnote number,
punitive damages because they arise from the
the number following the supra should indicate the
misconduct of the particular defendant against
number of the paragraph in the factum in which the whom they are awarded.
source was mentioned for the first time. For example:
Whiten, supra para 5 at para 69.
Whiten, para 5 at para 195.
Hill, supra para 5 at para 195.
Do not use ibid in a factum. At the end of a paragraph,
include the pinpoint references that apply to the
whole paragraph. For example:

Whiten v Pilot Insurance, 2002 SCC 18 at paras 69,

101, 110, [2002] 1 SCR 595

GENERAL FORMAT OF FACTUM CITATIONS

Using the rules noted above, the following is the
example given in the McGill Guide of in-text references
used in a factum:

5. In addition to the requirement of an “actionable

wrong” independent of the breach sued upon,
punitive damages will only be awarded “where the
defendant’s misconduct is so malicious, oppressive
and high handed that it offends the court’s sense
of decency” (Hill). Such behaviour has included
defamation (Hill), failing to provide medical care
(Robitaille), and exceptionally abusive behaviour by
an insurance company (Whiten).

Hill v Church of Scientology of Toronto, [1995] 2 SCR

1130 at para 196, 184 NR 1.
Cory J [Hill].
Robitaille v Vancouver Hockey Club, [1981] 3 WWR
481, 124 DLR (3d) 228 (BCCA).
Whiten v Pilot Insurance, 2002 SCC 18, [2002] 1 SCR
595 [Whiten].

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FURTHER REFERENCE
As noted above, the rules explained here represent
only a portion of those addressed in the McGill Guide.
For further reference, consider consulting the Guide
itself. It is readily available in many public reference
libraries (ISBN# 9780779827992).

Alternatively, there are many outstanding and easy-

to-follow online sources to help with Canadian legal
citation that also follow the rules set out in the McGill
Guide. Some examples are the legal research and
writing pages maintained by:

Queen’s University (http://library.queensu.ca/law/

lederman/legalcitation)

The University of Ottawa (http://web5.uottawa.ca/

www2/rl-lr/eng/legal-citations/legal-citations.html)

Durham College, School of Justice and Emergency

Services (http://www.durhamcollege.ca/wp-content/
uploads/Legal-Citation-for-Legal-Administration.pdf )

Lloyd Duhaime of Duhaime.org (http://citations.

duhaime.org/LegalCitationGuide.aspx

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APPENDIX – COMMON ABBREVIATIONS4

Common Jurisdictional Abbreviations for
Canadian Statutes Common Official Court Reporters

Jurisdiction Abbreviation Title Abbreviation

Exchequer Court of
Alberta A Ex C.R
Canada Reports
British Colombia BC Federal Court Reports FC

Canada Supreme Court

Canada C SCR
Reports

Lower Canada LC

Manitoba M Common Semi-Official Court Reporters

New Brunswick NB Title Abbreviation

Newfoundland
N
(Before 21 December Alberta Reports AR
Newfoundland
NL
(After 21 December 2001) British Colombia Reports BCR
Northwest Territories NWT
Manitoba Reports Man R
Nova Scotia NS
New Brunswick Reports NBR
Nunavut Nu
Nova Scotia Reports NSR
Ontario O Northwest Territories
NWTR
Reports
Prince Edward Island PEI Newfoundland and
Nfld & PEIR
Prince Edward Island
Province of Canada Prov C Ontario Law Reports OLR

Quebec Q Ontario Reports OR

Saskatchewan S Ontario Weekly Notes OWN

Upper Canada UC Recueils de jurisprudence

RJQ
du Québec
Yukon Y Yukon Reports YR

4
This Appendix presents an abridged version of the McGill Guide’s
Appendix (Section A)

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APPENDIX – COMMON ABBREVIATIONS

Commonly-Cited Courts and Tribunals
by Jurisdiction

Jurisdiction Name of court or tribunal Abbreviation

Supreme Court of Canada SCC

Federal Court FC

Federal Court of Appeal FCA

Canada Canadian Human Rights Tribunal CHRT

Public Service Labour Relations Board PSSRB

Immigration and Refugee Board IRB

Tax Court of Canada TCC

Court of Appeal ABCA

Alberta
Court of Queen’s Bench ABQB

Provincial Court ABPC

Court of Appeal BCCA

Supreme Court of British Colombia BCSC

British Colombia
Provincial Court of British Colombia BCPC

British Colombia Human Rights Tribunal BCHRT

Court of Appeal MBCA

Manitoba Court of Queen’s Bench of Manitoba MBQB

Provincial Court of Manitoba MBPC

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APPENDIX – COMMON ABBREVIATIONS

Commonly-Cited Courts and Tribunals
by Jurisdiction

Jurisdiction Name of court or tribunal Abbreviation

Court of Appeal of New Brunswick NBCA

New Brunswick Court of Queen’s Bench of New Brunswick NBQB

Provincial Court NBPC

Supreme Court of Newfoundland and

NFCA
Labrador, Court of Appeal
Newfoundland and Labrador
Supreme Court of Newfoundland and
NLSCTD
Labrador, Trial Division

Court of Appeal for the Northwest Territories NWTCA

Northwest Territories Supreme Court of the Northwest Territories NWTSC

Territorial Court of the Northwest Territories NWTTC

Nova Scotia Court of Appeal NSCA

Supreme Court of Nova Scotia NSSC

Nova Scotia
Supreme Court of Nova Scotia, Family Division NSSF

Provincial Court of Nova Scotia NSPC

Nunavut Court of Justice NUCJ

Nunavut
Court of Appeal for Nunavut NUCA

Court of Appeal for Ontario ONCA

Ontario Ontario Superior Court ONSC

Ontario Court of Justice ONCJ

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APPENDIX – COMMON ABBREVIATIONS

Commonly-Cited Courts and Tribunals
by Jurisdiction

Jurisdiction Name of court or tribunal Abbreviation

Workplace Safety and Insurance Board WSIB

Workplace Safety and Insurance

ONWSIAT
Appeals Tribunal

Information and Privacy Commissioner,

ON IPC
Ontario

Ontario Human Rights Commission OHRC

Human Rights Tribunal of Ontario HRTO

Ontario Labour Relations Board ON LRB

Ontario

Labour Arbitration Awards ON LA

Ontario Environmental Review Tribunal ON LRT

Ontario Rental Housing Tribunal ORHT

Ontario Landlord Tenant Board ON LTB

Office of the Chief Coroner of Ontario OCCO

Ontario Securities Commission ON SEC

Supreme Court, Appeal Division PESCAD

Prince Edward Island
Supreme Court, Trial Division PESCTD

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APPENDIX – COMMON ABBREVIATIONS

Commonly-Cited Courts and Tribunals
by Jurisdiction

Jurisdiction Name of court or tribunal Abbreviation

Court of Appeal of Quebec QCCA

Superior Court of Quebec QCCS

Court of Quebec QCCP

Quebec
Tribunal des professions du Québec QCTP

Conseil de la magistrature du Québec CMQC

Commission des relations du travail QCCRT

Court of Appeal for Saskatchewan SKCA

Saskatchewan Court of Queen’s Bench SKQB

Provincial Court SKPC

Court of Appeal YKCA

Supreme Court of the Yukon Territory YKSC

Yukon Territorial Court of the Yukon YKTC

Small Claims Court YKSM

Youth Court YKYC

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