Cut-and-Paste Justice: A Case Comment on Cojocaru v. British Columbia Women's Hospital and Health Centre
32 Pages Posted: 22 Nov 2014
Date Written: November 21, 2014
Can judges simply copy-and-paste, without attribution, vast portions of a party’s factum in their own reasons? At what point does this practice become so egregious that it risks rebutting the presumption of integrity and impartiality from which all judges benefit? This question was put before the Supreme Court of Canada in Cojocaru v. British Columbia Women’s Hospital and Health Centre (2013 SCC 30,  2 SCR 357). In this case comment, the author reviews the Cojocaru decision and the Court’s analysis, discusses the decision’s shortcomings, considers the main takeaways for various parties, and examines a surprising comment contained in the decision.
Keywords: Cojocaru, copy, reasons, integrity, impartiality, presumption, judicial copying, judicial ethics, legal ethics, Sheppard
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