And now he has two (majority judgments)! Justice Brown issued his second judgment (yes, I am keeping count) on behalf of seven colleagues in British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority . The case is nominally an administrative law case, but because the standard of review was specified in the statute, the issue becomes more related to causation, which generates a cogent analysis by Justice Brown of his favorite (one of?) subject.
In partial dissent, Justice Cote cites the work of one of our guest bloggers David Cheifetz. You can read his tour de force analysis article (“The Snell Inference and Material Contribution: Defining the Indefinable and Hunting the Causative Snark” (2005), 30 Adv. Q. 1.) or you can read some of his posts on the subject of causation (related to his article) back from 2010 here, here, here, and here.
So, one thought: is it ironic that Justice Cote's citation of Cheifitz was probably just an innocent citation, and yet the conspiracy theorist in me wonders if she (or her clerks) read our blog, put two and two together and cited our own blogger's article to respond to Justice Brown's claims on causation?
I'll admit that I am reading way too much into this, but I do have to find ways to amuse myself when reading an administrative law case, even when the case is all about causation: