# Reasons of the Supreme Court of Canada by Justice Rothstein

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 | Written reasons = 3 | Oral reasons = 0 | Oral reasons = 0 | Unanimous reasons = 3 | 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 | Written reasons = 9 | Oral reasons = 0 | Oral reasons = 0 | Unanimous 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, [2008] 1 SCR 27; 2008 SCC 4 (Maj)
* R v Beatty, [2008] 1 S.C.R. 49; 2008 SCC 5 (Maj)
* 620 Connaught Ltd v Canada (AG), [2008] 1 SCR 131; 2008 SCC 7 (Maj)
* Design Services Ltd v Canada, [2008] 1 SCR 737, 2008 SCC 22 (Maj)
* R v DB, [2008] 2 SCR 3, 2008 SCC 25
* Canada v McLarty, [2008] 2 SCR 79, 2008 SCC 26
* Redeemer Foundation v Canada (National Revenue), [2008] 2 SCR 643, 2008 SCC 46
* R v LTH, [2008] 2 SCR 739, 2008 SCC 49
* FH v McDougall, [2008] 3 SCR 41, 2008 SCC 53
* Apotex Inc v Sanofi‑Synthelabo Canada Inc, [2008] 3 SCR 265, 2008 SCC 61 (Maj)
* Canadian National Railway Co v Royal and Sun Alliance Insurance Co of Canada, [2008] 3 SCR 453, 2008 SCC 66 (Dis)

## 2009

* Lipson v Canada, 2009 SCC 1, [2009] 1 SCR 3 (Dis)
* Shafron v KRG Insurance Brokers (Western) Inc, 2009 SCC 6, [2009] 1 SCR 157 (Maj)
* Ermineskin Indian Band and Nation v Canada, 2009 SCC 9, [2009] 1 S.C.R. 222 (Maj)
* Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339
* United Parcel Service Canada Ltd v Canada, 2009 SCC 20, [2009] 1 S.C.R. 657
* R v Ouellette, 2009 SCC 24, [2009] 1 S.C.R. 818
* Caisse populaire Desjardins de l'Est de Drummond v Canada, 2009 SCC 29, [2009] 2 S.C.R. 94
* R v Layton, 2009 SCC 36, [2009] 2 S.C.R. 540
* R v Bjelland, 2009 SCC 38, [2009] 2 S.C.R. 651
* Nolan v Kerry (Canada) Inc, 2009 SCC 39, [2009] 2 S.C.R. 678
* Northrop Grumman Overseas Services Corp v Canada (AG), 2009 SCC 50, [2009] 3 S.C.R. 309
* Consolidated Fastfrate Inc v Western Canada Council of Teamsters, 2009 SCC 53, [2009] 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 | Written opinions = XXX | Oral opinions = XXX | Oral opinions = XXX | Unanimous decisions = XXX | Unanimous decisions = XXX |
| Case name | Issue | Co-authored by | Joined by |
| XXX CITATIONS [URL] | XXX | XXX | XXX |
| XXX CITATIONS [URL] | XXX | XXX | XXX |

## 2011

Statistics :
| XXXXX | Majority or Plurality | XXX | Concurrence | XXXX | Other |
| XXXX | Dissent | XXXX | Concurrence/dissent | Total = | XXXXXX |
| Written opinions = XXX | Written opinions = XXX | Oral opinions = XXX | Oral opinions = XXX | Unanimous decisions = 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 | Written opinions = 10 | Oral opinions = 0 | Oral opinions = 0 | Unanimous decisions = 4 | 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 | Written opinions = 13 | Oral opinions = 0 | Oral opinions = 0 | Unanimous decisions = 6 | 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 | Written opinions = 13 | Oral opinions = 1 | Oral opinions = 1 | Unanimous decisions = 9 | 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 | Written opinions = 10 | Oral opinions = 0 | Oral opinions = 0 | Unanimous decisions = 3 | 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 |