Judicial Plagiarism?

Sad malpractice case involving a brain damaged child, but an appellate court in Canada seems worried that the trial judge, ruling in favor of the Plaintiff, adopted most of its opinion verbatim from the Plaintiff’s submissions.  Worried enough that it reversed.

Now the Supreme Court of Canada is going to weigh in.

Most trial and appellate lawyers have probably seen judicial opinions which seem to substantially incorporate the submissions of the party the court sided with, although from the description this case might seem excessive in that regard.  But this is not regarded a “plagiarism” by a judge, and it hardly seems a basis for reversal, having nothing to do with the merits of the case.

Interesting.

 

About these ads

Leave a comment

Filed under Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s