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ARTICLE · 21 APRIL 2022

The Big Problem With Traditional Case Law Searches (And The Solution)

Virtually every tax professional uses at least one of the dominant case law search engines, commercial or open-source, to find supporting authority for the position their client is...

CanadaLaw Department Performance

Virtually every tax professional uses at least one of the dominant case law search engines, commercial or open-source, to find supporting authority for the position their client is taking (whether in controversy or for tax planning purposes). All of these search engines operate with keywords. This can pose enormous challenges.

Broad keywords are required to ensure that no results are missed, yet the volume of results the case law search engine surfaces is often overwhelming, particularly if time is of the essence. And time usually is an important factor.

This can be particularly acute in the face of a court filing deadline. But even in the absence of such deadlines, the time spent researching must always be justified to the client. It can be a difficult conversation that follows a bill setting out eight hours of research with sparse results. It's no wonder then that time spent researching case law will often be written off, resulting in a concrete loss of revenue.

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