Pluralism and Convergence: Judicial Standardization in Canadian Corporate Law

(2021) 58:1 Osgoode Hall Law Journal 163

42 Pages Posted: 15 Jul 2020 Last revised: 31 Mar 2021

See all articles by Camden Hutchison

Camden Hutchison

Peter A. Allard School of Law, University of British Columbia

Date Written: 2020

Abstract

This article uses statistical analysis of judicial decisions to address whether (and to what extent) the common law of corporations varies among the provinces. The primary findings are: (1) as measured by the number of case citations, provincial courts of appeal favour precedent from their home provinces; (2) the Supreme Court of Canada exerts a powerful standardizing influence across the provinces; and (3) on balance (and despite the “home province” bias of provincial courts of appeal), Canadian corporate law is largely homogeneous, with little variation among provincial jurisdictions. This article concludes that—for a variety of reasons—it is unlikely that any province will develop a distinctive body of corporate law.

Keywords: corporate law, empirical legal research, legal history, federalism

Suggested Citation

Hutchison, Camden, Pluralism and Convergence: Judicial Standardization in Canadian Corporate Law (2020). (2021) 58:1 Osgoode Hall Law Journal 163, Available at SSRN: https://ssrn.com/abstract=3633386

Camden Hutchison (Contact Author)

Peter A. Allard School of Law, University of British Columbia ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
43
Abstract Views
243
PlumX Metrics