Robert Sharpe and Vincent-Joël Proulx (New York University School of Law) have posted The Use of Academic Writing in Appellate Judicial Decision-Making (Canadian Business Law Journal, Vol. 50, pp. 550-571, 2011) on SSRN. Here is the abstract:
In this article, the authors examine the use of academic writing by Canadian appellate courts. Part II explores the partnership between the judiciary and academia with reference to different legal traditions, especially the common law-civil law dichotomy and the realm of international law. Part III considers four purposes for which scholarly writing has been used in Canadian appellate decisions, with illustrations drawn from the Supreme Court of Canada and recent decisions of the Court of Appeal for Ontario.