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Reasons of the Supreme Court of Canada by Justice Rothstein

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This is a list of all the reasons written by Marshall Rothstein during his tenure as puisne justice of the Supreme Court of Canada.

2006

Marshall Rothstein 2006 statistics
3
Majority or Plurality
0
Concurrence
0
Other
0
Dissent
0
Concurrence/dissent Total = 3
Written reasons = 3 Oral reasons = 0 Unanimous reasons = 3
Case name Issue Co-authored by Joined by


Goodis v Ontario (Ministry of Correctional Services), 2006 SCC 31 Solicitor-client privilege None Unanimous


Isen v Simms, 2006 SCC 41 Maritime law; division of powers None Unanimous


Walker v Ritchie, 2006 SCC 45 Costs None Unanimous

2007

Marshall Rothstein 2007 statistics
7
Majority or Plurality
0
Concurrence
0
Other
2
Dissent
0
Concurrence/dissent Total = 9
Written reasons = 9 Oral reasons = 0 Unanimous reasons = 0
Case name Issue Co-authored by Joined by


Double N Earthmovers Ltd v Edmonton (City), 2007 SCC 3 Tenders; "bid shopping" Abella J LeBel, Deschamps and Fish JJ


Canada (AG) v Hislop, 2007 SCC 10 Sexual orientation; Survivorship pensions; Whether there was s. 15 violation of the Charter LeBel J McLachlin CJ and Binnie, Deschamps and Abella JJ


Council of Canadians with Disabilities v Via Rail Canada Inc, 2007 SCC 15 Duty to accommodate passengers with disabilities Deschamps J Binnie and Fish JJ


Pecore v Pecore, 2007 SCC 17 Nature of survivorship in context of joint accounts None McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish and Charron JJ


Madsen Estate v Saylor, 2007 SCC 18 Presumptions of resulting trust and advancement None McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish and Charron JJ


R v Couture, 2007 SCC 28 Whether statements admissible under principled exception to hearsay rule None Bastarache, Deschamps and Abella JJ


Baier v Alberta, 2007 SCC 31 School board elections; Ineligibility of school employees; Whether there is a s.2 or s.15 violation of the Charter None McLachlin CJ and Binnie, Deschamps and Charron JJ


Euro-Excellence Inc v Kraft Canada Inc, 2007 SCC 37 Whether accessories or incidental works exempted from copyright protection None Binnie and Deschamps JJ


AYSA Amateur Youth Soccer Association v Canada (Revenue Agency), 2007 SCC 42 Whether registered Canadian amateur athletic association provisions of Income Tax Act preclude amateur sports association from charitable status None McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish and Charron JJ

2008

  • British Columbia v Zastowny, 1 SCR 27; 2008 SCC 4 (Maj)
  • R v Beatty, 1 S.C.R. 49; 2008 SCC 5 (Maj)
  • 620 Connaught Ltd v Canada (AG), 1 SCR 131; 2008 SCC 7 (Maj)
  • Design Services Ltd v Canada, 1 SCR 737, 2008 SCC 22 (Maj)
  • R v DB, 2 SCR 3, 2008 SCC 25
  • Canada v McLarty, 2 SCR 79, 2008 SCC 26
  • Redeemer Foundation v Canada (National Revenue), 2 SCR 643, 2008 SCC 46
  • R v LTH, 2 SCR 739, 2008 SCC 49
  • FH v McDougall, 3 SCR 41, 2008 SCC 53
  • Apotex Inc v Sanofi‑Synthelabo Canada Inc, 3 SCR 265, 2008 SCC 61 (Maj)
  • Canadian National Railway Co v Royal and Sun Alliance Insurance Co of Canada, 3 SCR 453, 2008 SCC 66 (Dis)

2009

  • Lipson v Canada, 2009 SCC 1, 1 SCR 3 (Dis)
  • Shafron v KRG Insurance Brokers (Western) Inc, 2009 SCC 6, 1 SCR 157 (Maj)
  • Ermineskin Indian Band and Nation v Canada, 2009 SCC 9, 1 S.C.R. 222 (Maj)
  • Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, 1 S.C.R. 339
  • United Parcel Service Canada Ltd v Canada, 2009 SCC 20, 1 S.C.R. 657
  • R v Ouellette, 2009 SCC 24, 1 S.C.R. 818
  • Caisse populaire Desjardins de l'Est de Drummond v Canada, 2009 SCC 29, 2 S.C.R. 94
  • R v Layton, 2009 SCC 36, 2 S.C.R. 540
  • R v Bjelland, 2009 SCC 38, 2 S.C.R. 651
  • Nolan v Kerry (Canada) Inc, 2009 SCC 39, 2 S.C.R. 678
  • Northrop Grumman Overseas Services Corp v Canada (AG), 2009 SCC 50, 3 S.C.R. 309
  • Consolidated Fastfrate Inc v Western Canada Council of Teamsters, 2009 SCC 53, 3 S.C.R. 407

2010

Statistics
XXXXX
Majority or Plurality
XXX
Concurrence
XXXX
Other
XXXX
Dissent
XXXX
Concurrence/dissent Total = XXXXXX
Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX
Case name Issue Co-authored by Joined by
XXX
CITATIONS 		XXX XXX XXX
XXX
CITATIONS 		XXX XXX XXX

2011

Statistics
XXXXX
Majority or Plurality
XXX
Concurrence
XXXX
Other
XXXX
Dissent
XXXX
Concurrence/dissent Total = XXXXXX
Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX
Case name Issue Co-authored by Joined by
R v White
2011 SCC 13 		Whether the trial judge's failure to state to the jury that post-offence conduct has no probative value constituted an error of law – LeBel, Abella and Cromwell JJ
R v JAA
2011 SCC 17 		Admission of fresh evidence – Deschamps J
Ontario (AG) v Fraser
2011 SCC 20 		Whether separate labour relations legislation governing agricultural workers in Ontario infringes freedom of association under s. 2(d) of the Charter by failing to establish a meaningful process of collective bargaining – Charron J
Sharbern Holding Inc v Vancouver Airport Centre Ltd
2011 SCC 23 		Purchasers of strata units in each hotel entering into different arrangements with developer, with one purchaser not being informed of different financial arrangements offered to the other, and whether the developer is liable under provincial statute for misrepresentation for material false statements — Whether developer is liable for same at common law for tort of negligent misrepresentation — Whether developer owed a fiduciary duty to purchaser – Unanimous
Masterpiece Inc v Alavida Lifestyles Inc
2011 SCC 27 		Trademarks and confusion — Whether location where trademark is used is relevant to confusion analysis — What considerations are applicable in assessment of resemblance between proposed use trademark and existing unregistered trademark — How nature and cost of wares or services affects confusion analysis — Use of expert evidence in confusion analysis – Unanimous
Alberta (Information and Privacy Commissioner) v Alberta Teachers' Association
2011 SCC 61 		Whether a matter that was not raised at a tribunal may be judicially reviewed — Whether a tribunal's decision relating to the interpretation of its home statute or statutes closely connected to its functions is reviewable on a standard of reasonableness or correctness – McLachlin CJ and LeBel, Fish, Abella and Charron JJ
Copthorne Holdings Ltd v Canada
2011 SCC 63 		Interpretation and application of general anti-tax avoidance rule – Unanimous
RP v RC
2011 SCC 65 		Husband applying to terminate spousal support order on basis of his retirement and the market downturn, and whether the husband had established there had been a material change in circumstances since the original support order Abella J Binnie, LeBel and Deschamps JJ
LMP v LS
2011 SCC 64 		The proper approach to an application for variation of spousal support order under section 17(4.1) of the Divorce Act where support terms of agreement have been incorporated into an order Abella J Binnie, LeBel and Deschamps JJ

2012

Statistics
7
Majority or Plurality
0
Concurrence
0
Other
2
Dissent
1
Concurrence/dissent Total = 10
Written opinions = 10 Oral opinions = 0 Unanimous decisions = 4
Case name Issue Co-authored by Joined by
R v Ipeelee
2012 SCC 13 		Principles governing the sentencing of aboriginal offenders – –
Calgary (City of) v Canada
2012 SCC 20 		Taxation and whether acquisition and construction of transit facilities constitutes and exempt supply, a taxable supply or both – Unanimous
Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada
2012 SCC 35 		Intellectual property and the whether streaming of files from the Internet triggered by individual users constitutes communication "to the public" of the musical workers contained therein by online music services who make the files available for streaming – McLachlin CJ and LeBel, Deschamps, Fish, Cromwell, Moldaver and Karakatsanis JJ
Entertainment Software Association v Society of Composers, Authors and Music Publishers of Canada
2012 SCC 34 		Intellectual property and whether the transmission of musical works contained in a video game through an Internet download is a communication "to the public" under the federal Copyright Act – LeBel, Fish and Cromwell JJ
Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright)
2012 SCC 37 		Intellectual property; Teachers making photocopies of excerpts of textbooks and other copyrighted works to distribute to students as part of class instruction, and whether elementary and secondary schools can claim the benefit of "fair dealing" exemption for copies of works made at teachers' initiative with instructive to students that they read the material – Deschamps, Fish and Cromwell JJ
Canada v Craig
2012 SCC 43 		Income tax and whether farm income combined with other income constitutes chief source of income – Unanimous
Canada v GlaxoSmithKline Inc
2012 SCC 52 		Income taxation – Unanimous
Opitz v Wrzesnewskyj
2012 SCC 55 		Application to have federal election result annulled on the basis of "irregularities... that affected the result of the election" under s. 531(2) of the Canada Elections Act Moldaver J Deschamps and Abella JJ
Reference re Broadcasting Regulatory Policy CRTC 2010-167 and Broadcasting Order CRTC 2010-168
2012 SCC 68 		Whether the Canadian Radio-television and Telecommunications Commission has jurisdiction under the federal Broadcast Act to implement a policy empowering private local television stations to negotiate direct compensation for retransmission of signals by cable and satellite companies, as well as the right to prohibit such undertakings from retransmitting those signals if negotiations are unsuccessful – McLachlin CJ and LeBel, Fish and Moldaver
Professional Institute of the Public Service of Canada v Canada (AG)
2012 SCC 71 		Pensions – Whether the federal government, as administrators of pension plan, owe a fiduciary duty to plan members; Whether superannuation accounts contain assets – Unanimous

2013

Statistics
9
Majority or Plurality
0
Concurrence
0
Other
4
Dissent
0
Concurrence/dissent Total = 13
Written opinions = 13 Oral opinions = 0 Unanimous decisions = 6
Case name Issue Co-authored by Joined by
R v O'Brien
2013 SCC 2 		Offence of uttering threats – McLachlin CJ and Abella J
Saskatchewan Human Rights Commission v Whatcott
2013 SCC 11 		Freedom of religion and hate publications under s. 2(a) of the Charter – Unanimous
Manitoba Metis Federation Inc v Canada (AG)
2013 SCC 14 		Aboriginal law and the honour of the Crown – Moldaver J
Ediger v Johnston
2013 SCC 18 		Tort of negligence Moldaver J Unanimous
Daishowa-Marubeni International Ltd v Canada
2013 SCC 29 		Proceeds of disposition and taxation – Unanimous
Nishi v Rascal Trucking Ltd
2013 SCC 33 		Trusts – Unanimous
Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper, Ltd
2013 SCC 34 		Labour arbitration and collective agreement management rights clauses Moldaver J McLachlin CJ
Envision Credit Union v Canada
2013 SCC 48 		Taxation – Amalgamating credit unions seeking to avoid flow-through of certain tax attributes to double claim capital cost allowance and reset preferred rate amount – McLachlin CJ and LeBel, Moldaver, Karakatsanis and Wagner JJ
British Columbia (Forests) v Teal Cedar Products Ltd
2013 SCC 51 		Commercial arbitration and compensation for expropriation – Unanimous
Sun-Rype Products Ltd v Archer Daniels Midland Co
2013 SCC 58 		Civil procedure – Certification of class actions – McLachlin CJ and LeBel, Fish, Abella, Moldaver and Wagner JJ
Pro-Sys Consultants Ltd v Microsoft Corp
2013 SCC 57 		Civil procedure – Certification of class actions – Unanimous
R v Hay
2013 SCC 61 		Jury charges and eyewitness evidence – McLachlin CJ and LeBel, Abella, Cromwell and Wagner JJ
IBM Canada Ltd v Waterman
2013 SCC 70 		Employment law – Whether pension benefits should be deducted from damages for wrongful dismissal – McLachlin CJ

2014

Statistics
11
Majority or Plurality
0
Concurrence
0
Other
2
Dissent
1
Concurrence/dissent Total = 14
Written opinions = 13 Oral opinions = 1 Unanimous decisions = 9
Case name Issue Co-authored by Joined by
Telecommunications Employees Association of Manitoba Inc v Manitoba Telecom Services Inc
2014 SCC 11 		Pensions – Unanimous
Bernard v Canada (AG)
2014 SCC 13 		Judicial review of labour arbitration decisions – Moldaver J
John Doe v Ontario (Finance)
2014 SCC 36 		Access to information and exemptions under the Freedom of Information and Protection of Privacy Act – Unanimous
Canadian National Railway Co v Canada (AG)
2014 SCC 40 		Judicial review of Canadian Transport Agency decisions – Unanimous
Canadian Artists' Representation v National Gallery of Canada
2014 SCC 42 		Intellectual property and collective bargaining – Unanimous
United Food and Commercial Workers, Local 503 v Wal-Mart Canada Corp
2014 SCC 45 		Judicial review of labour arbitration decision and employer's unilateral change of employment conditions under s. 59 of the Quebec Labour Code Wagner J –
Sattva Capital Corp v Creston Molly Corp
2014 SCC 53 		Standard of review of contractual interpretation – Unanimous
R v Mian
2014 SCC 54 		Right to be informed of reasons for arrest and right to counsel under ss. 10(a) and (b) of the Charter – Unanimous
Marcotte v Fédération des caisses Desjardins du Québec
2014 SCC 57 		Division of powers and bills of exchange Wagner J Unanimous
Bank of Montreal v Marcotte
2014 SCC 55 		Class actions and standing Wagner J Unanimous
Amex Bank of Canada v Adams
2014 SCC 56 		Class actions and the Quebec Consumer Protection Act Wagner J Unanimous
Trial Lawyers Association of British Columbia v British Columbia (AG)
2014 SCC 59 		Access to justice and the constitutionality of hearing fees under ss. 92(14) and 96 of the Constitution Act, 1867 – –
R v Conception
2014 SCC 60 		Mental disorders and dispositions by a court or review board Cromwell J LeBel, Abella and Gascon JJ
R v Wills
2014 SCC 73 		Reasonableness of trial verdict – Moldaver and Wagner JJ (oral)

2015

Statistics
7
Majority or Plurality
1
Concurrence
0
Other
1
Dissent
1
Concurrence/dissent Total = 10
Written opinions = 10 Oral opinions = 0 Unanimous decisions = 3
Case name Issue Co-authored by Joined by
Mounted Police Association of Ontario v Canada (AG)
2015 SCC 1 		Right to collective bargaining under s. 2(d) of the Charter; Whether impugned legislation excluding RCMP members from public services labour relations regime substantially interferes with the right to a meaningful process of collective bargaining – –
Meredith v Canada (AG)
2015 SCC 2 		Whether the statutory limit on wages increases in the public sector under the Expenditure Restraint Act infringes claimants' rights to a meaningful process of collective bargaining under s. 2(d) of the Charter – –
Tervita Corp v Canada (Commissioner of Competition
2015 SCC 3 		Legal test for when a merger gives rise to a substantial prevention of competition under the Competition Act; Defence of statutory efficiencies – McLachlin CJ and Cromwell, Moldaver and Wagner JJ
Saskatchewan Federation of Labour v Saskatchewan
2015 SCC 4 		Whether a right to strike is protected by freedom of association under s. 2(d) of the Charter; Whether prohibition on essential employees participating in strike action amounts to substantial interference with a meaningful process of collective bargaining Wagner J –
R v Araya
2015 SCC 11 		Whether photographs of the accused taken days after the alleged offence are admissible; Whether trial judge erred in jury instructions by referring to a witness' account of a conversation with the accused as a confession – Unanimous
Guindon v Canada
2015 SCC 41 		Whether proceedings under s. 163.2 of the Income Tax Act imposing monetary penalties on every person who makes a false statement that could be used by another person for purposes under that Act are criminal in nature or lead to the imposition of true penal consequences; Whether an individual assessed for same penalties is a person "charged with an offence" within the meaning of s. 11 of the Charter Cromwell J Moldaver and Gascon JJ
Stuart Olson Dominion Construction Ltd v Structural Heavy Steel
2015 SCC 43 		Relationship between lien and trust provisions in provincial legislation – Unanimous
Ontario (Energy Board) v Ontario Power Generation Inc
2015 SCC 44 		Whether Ontario Energy Board's utilities rate-setting decision to disallow $145 million in labour compensation costs related to utility's nuclear operations was a reasonable; Whether Ontario Energy Board acted improperly in pursuing appeal and in arguing in favour of the reasonableness of its own decision – McLachlin CJ and Cromwell, Moldaver, Karakatsanis and Gascon JJ
ATCO Gas and Pipelines Ltd v Alberta (Utilities Commission)
2015 SCC 45 		Whether Alberta Utilities Commission interpretation and exercise of its utilities rate-setting authority under the provincial Gas Utilities Act was reasonable; Whether regulatory framework under same prescribes certain methodology in assessing whether costs are prudent – Unanimous
Canadian Broadcasting Corp v SODRAC 2003 Inc
2015 SCC 57 		Intellectual property and copyright – McLachlin CJ and Cromwell, Moldaver, Wagner, Gascon and Côté JJ
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