Judicial Plagiarism OK If Not Excessive

Two decisions in one week on 'judicial plagiarism'. At home, Cojocaru v British Columbia Women's Hospital and Health Centre, 2013 SCC 30, a medical malpractice case. The Chief Justice, for her fellow Supremes, held that while judicial copying is 'a longstanding and accepted practice', it cannot be taken to the point where a reasonable member of the public, apprised of the circumstances, would conclude that a judge had, in reproducing or incorporating large portions of counsel's submissions, abdicated the judicial function. It will be difficult, however, to show that a judge has not acted with the presumed integrity and impartiality. On the Cojocaru facts, it was plain that the trial judge had adopted a great deal of the plaintiff's brief in his...