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 decision, but had also rejected some significant aspects. The judgment in favour of the plaintiff could not, then, be set aside for excessive judicial copying. There were, however, bigger problems: the judge had made a palpable