Finding Precedents Using CLE's Precedent Collection

- [Rebecca] Hi, I'm Rebecca.

- [Meghan] And I'm Meghan.

- [Rebecca] In this video, we'll show you how to find a precedent using CLE's Precedent Collection.

- [Meghan] To illustrate this, Rebecca has kindly agreed to help me find a precedent for a client's file. My client was injured when the carriage she was riding in late one evening malfunctioned. It would seem that the manufacturer had constructed a unique vehicle for a single use, with a rental period expiring at midnight. Unfortunately, they failed to inform my client that at the expiry of the rental period the vehicle would become unfit for operation. She was traveling at high speeds at the time and has sustained an injury. The other party has sought production of my client's medical records, relating to a footwear injury she'd sustained earlier that night. I need to exclude my client's personal and privileged information before they go to the other side. I think what I need is called a Halliday Order, and I'd like to find some precedents on it. Could you help me find both the application materials as well as a draft order?

- [Rebeccca] Sure, I'd be happy to help with that. I think a good place to start would be the CLE Online Precedent Collection.

- [Meghan] That sounds great! Where do I have access to that?

- [Rebecca] It's available for free on the public computers at Courthouse Libraries BC in all 30 of our locations. You can also call and order a precedent from us through our document delivery service. Additionally, it's available through a subscription with CLE.

- [Meghan] Well, I'd love to see how I could access it myself for free on the library's computers.

- [Rebecca] Absolutely. From the homepage, simply select CLE Online, which you'll find here under the precedent heading. It should open automatically with no need for a password. There are two ways we can do this. Let's start by browsing the collection to see what's here first.

- [Meghan] Great, my best guess would be the Personal Injury Test?

- [Rebecca] Okay, so all we have to do is simply click the drop down menu to display the subcategories. Any idea what subheading you think your order might happen to fall under?

- [Meghan] Yeah, I think that general category just of motor vehicle accidents looks like it would be a good place to start. Oh wow! That's a long list.

- [Rebecca] It is, so one quick tip is to use ctrl f to bring up a find box and keyword search. You said Halliday, right?

- [Meghan] Oh perfect! There's the order. Do you know if there are any application materials as well? I think I'm gonna need a Notice of Application and supporting affidavit.

- [Rebecca] Sure, let's look alphabetically. Oh, I always forget, if we use the breadcrumb trail at the top of the document we're looking at, you can get back to where you were faster. I'll show you.

- [Meghan] Cool, that's a good tip, much more efficient.

- [Rebecca] Okay, so if we look alphabetically at Notice of Application.

- [Meghan] It could be that one titled Production of Clinical and Employment Records in Possession of a Non-party. Yeah, that looks like it. I can see a reference there, even to the Halliday Order. Perfect. Last one would be the affidavit.

- [Rebecca] Okay, let's use the breadcrumb trail again to get us back to the alphabetical list.

- [Meghan] Ah ha! I see an affidavit to support document production, so I suspect that will do. Can you show me how to take these back to the office to work on them?

- [Rebecca] Sure, start by downloading a copy of of either the Word or Word Perfect version by clicking on the icon. You have the choice now to either save it to a USB drive, or you can email a copy to yourself.

- [Meghan] Oh that's gonna work that great! Okay, so despite being done, you mentioned there was a second way to find them. Could I check to see what else might be available?

- [Rebecca] Your second option for finding is to use the search box feature. Sitting here at the top left hand side of the screen, CLE operates on a single search that has indexed the entire collection. So it's helpful to think about it as start big and then narrow.

- [Megahn] Okay, so because Halliday is a unique term, let's look for Halliday Order and see what we come up with.

- [Rebecca] Good idea! You can see the search has produced a range of options on the right hand side, and here on the left, we see the types of results that we're getting. So if you wanted to search just within the Precedent Collection, you could simply click here to see what it displays.

- [Meghan] Oh, that's great! I can see a couple of others I didn't think to look for.

- [Rebecca] That's one of the perks for looking for precedents this way, and it even turns up the Notice of Application. What we still need to find though is the supporting affidavit. The nice thing about this is that the search box that has appeared here at the top, will now default to showing you just the Precedent Collection.

- [Meghan] Okay, let's try a search for affidavit production of records.

- [Rebecca] Okay, I can see that the affidavit is now the first item here.

- [Meghan] And what's that orange symbol beside the name of the document? Is that an RSS feed option?

- [Rebecca] Yes, if you have a feed reader set up, you could subscribe and know if the document changes at all in the future.

- [Meghan] Ooh, very handy. Thanks Rebecca!