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 statistics3 Majority or Plurality0 Concurrence0 Other0 Dissent0 Concurrence/dissentTotal = 3 Written reasons = 3 Oral reasons = 0 Unanimous reasons = 3

Case name Issue Co-authored by Joined bySolicitor-client privilege None UnanimousMaritime law; division of powers None UnanimousCosts None Unanimous

2007 Marshall Rothstein 2007 statistics7 Majority or Plurality0 Concurrence0 Other2 Dissent0 Concurrence/dissentTotal = 9 Written reasons = 9 Oral reasons = 0 Unanimous reasons = 0

Case name Issue Co-authored by Joined byTenders; "bid shopping"Abella JLeBel, Deschamps and Fish JJSexual orientation; Survivorship pensions; Whether there was s. 15 violation of the CharterLeBel JMcLachlin CJ and Binnie, Deschamps and Abella JJDuty to accommodate passengers with disabilitiesDeschamps JBinnie and Fish JJNature of survivorship in context of joint accountsNoneMcLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish and Charron JJPresumptions of resulting trust and advancementNoneMcLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish and Charron JJWhether statements admissible under principled exception to hearsay ruleNoneBastarache, Deschamps and Abella JJSchool board elections; Ineligibility of school employees; Whether there is a s.2 or s.15 violation of the Charter NoneMcLachlin CJ and Binnie, Deschamps and Charron JJWhether accessories or incidental works exempted from copyright protectionNoneBinnie and Deschamps JJWhether registered Canadian amateur athletic association provisions of Income Tax Act preclude amateur sports association from charitable statusNoneMcLachlin 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 PluralityXXX ConcurrenceXXXX OtherXXXX DissentXXXX Concurrence/dissentTotal = XXXXXX Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX

Case name Issue Co-authored by Joined byXXX CITATIONS [URL] XXX XXX XXXXXX CITATIONS [URL]XXX XXX XXX

2011 Statistics XXXXX Majority or PluralityXXX ConcurrenceXXXX OtherXXXX DissentXXXX Concurrence/dissentTotal = XXXXXX Written opinions = XXX Oral opinions = XXX Unanimous decisions = XXX

Case name Issue Co-authored by Joined byR 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 JJR v JAA 2011 SCC 17 Admission of fresh evidence – Deschamps JOntario (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 JSharbern 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 – UnanimousMasterpiece 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 – UnanimousAlberta (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 JJCopthorne Holdings Ltd v Canada 2011 SCC 63 Interpretation and application of general anti-tax avoidance rule – UnanimousRP 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 JJLMP 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 Plurality0 Concurrence0 Other2 Dissent1 Concurrence/dissentTotal = 10 Written opinions = 10 Oral opinions = 0 Unanimous decisions = 4

Case name Issue Co-authored by Joined byR 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 – UnanimousRogers 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 JJEntertainment 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 JJAlberta (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 JJCanada v Craig 2012 SCC 43 Income tax and whether farm income combined with other income constitutes chief source of income – UnanimousCanada v GlaxoSmithKline Inc 2012 SCC 52 Income taxation – UnanimousOpitz 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 JJReference 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 MoldaverProfessional 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 Plurality0 Concurrence0 Other4 Dissent0 Concurrence/dissentTotal = 13 Written opinions = 13 Oral opinions = 0 Unanimous decisions = 6

Case name Issue Co-authored by Joined byR v O'Brien 2013 SCC 2 Offence of uttering threats – McLachlin CJ and Abella JSaskatchewan Human Rights Commission v Whatcott 2013 SCC 11 Freedom of religion and hate publications under s. 2(a) of the Charter – UnanimousManitoba Metis Federation Inc v Canada (AG) 2013 SCC 14 Aboriginal law and the honour of the Crown – Moldaver JEdiger v Johnston 2013 SCC 18 Tort of negligence Moldaver J UnanimousDaishowa-Marubeni International Ltd v Canada 2013 SCC 29 Proceeds of disposition and taxation – UnanimousNishi v Rascal Trucking Ltd 2013 SCC 33 Trusts – UnanimousCommunications, 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 CJEnvision 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 JJBritish Columbia (Forests) v Teal Cedar Products Ltd 2013 SCC 51 Commercial arbitration and compensation for expropriation – UnanimousSun-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 JJPro-Sys Consultants Ltd v Microsoft Corp 2013 SCC 57 Civil procedure – Certification of class actions – UnanimousR v Hay 2013 SCC 61 Jury charges and eyewitness evidence – McLachlin CJ and LeBel, Abella, Cromwell and Wagner JJIBM 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 Plurality0 Concurrence0 Other2 Dissent1 Concurrence/dissentTotal = 14 Written opinions = 13 Oral opinions = 1 Unanimous decisions = 9