Simon Stern extensively cited by the Supreme Court of Canada

Recognition for a UTLJ author! Simon Stern extensively cited by the Supreme Court of Canada

The Supreme Court of Canada has just decided an important and controversial issue involving acceptable means of rendering judgment, in large part on the basis of an article forthcoming in the University of Toronto Law Journal by Simon Stern. In Cojocaru v. British Columbia Women’s Hospital and Health Centre, the Court confronted the question whether the validity of a judicial opinion is affected by the judge’s use of prose copied from other sources, or by the judge’s failure to attribute the source.  In  “Copyright Originality and Judicial Originality,” forthcoming in UTLJ, vol. 63(3), Stern argues that validity is not affected because the proper basis for any challenge to the sufficiency of a judgment turns on its substance, not on the originality of the judge’s prose. The Court  agreed, quoting at length from the article, and concluded  that “[t]he considerations that require attribution in academic, artistic and scientific spheres do not apply to reasons for judgment.”

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