Reasons of the Supreme Court of Canada by Justice Cromwell

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

2009 R v Strecko , 2009 SCC 2, 1 S.C.R. 64 R v Middleton, 2009 SCC 21 (Dissent) R v Van, 2009 SCC 22 (Dissent) R v Godin, 2009 SCC 26 (Majority) R v Layton, 2009 SCC 36, 2 S.C.R. 540 (Dissent) Galambos v Perez, 2009 SCC 48, 3 S.C.R. 247 (Unanimous) R v Burke, 2009 SCC 57, 3 S.C.R. 566 (Dissent)

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 Miljevic 2011 SCC 8 Whether trial judge erred in response to jury's questions – Abella, Charron and Rothstein JJKerr v Baranow 2011 SCC 10 Family law — Whether the monetary remedy for unjust enrichment is restricted to quantum meruit award — Whether evidence of joint family venture should be considered in conferring the remedy — Whether evidence of common intention should be considered in context of resulting trust – UnanimousDubé v Canada 2011 SCC 39 Whether the interest earned on bank deposits by a status Indian is exempt from income taxation as personal property "situated on a reserve" under the Indian Act – McLachlin CJ and Binnie, Fish and Charron JJBastien Estate v Canada 2011 SCC 38 Whether the interest earned on bank deposits by a status Indian is exempt from income taxation as personal property "situated on a reserve" under the Indian Act – McLachlin CJ and Binnie, Fish and Charron JJR v JMH 2011 SCC 45 Whether the trial judge's allegedly foaled assessment of the evidence constituted an error of law allowing the appellate review of the accused's acquittal – UnanimousR v Côté 2011 SCC 46 Standard of review of a trial judge's determination of what would bring the administration of justice into disrepute for the purpose of determining whether to exclude evidence under s. 24(2) of the Charter – McLachlin CJ and Binnie, LeBel, Fish, Abella, Charron and Rothstein JJR v Barros 2011 SCC 51 Whether investigator hired by the defence is bound by informer privilege — Whether trial judge committed errors of law allowing appellate review of acquittals for offences of obstructing justice and extortion – –British Columbia (Workers' Compensation Board) v Figliola 2011 SCC 52 The appropriate scope of a human rights tribunal's discretion to determine whether the substance of a complaint has been "appropriately dealt with" when two bodies share jurisdiction over human rights – McLachlin CJ and Binnie and Fish JJCanada (Canadian Human Rights Commission) v Canada (AG) 2011 SCC 53 Whether standard of reasonableness applies to a human rights tribunal's decision to award costs, and whether the tribunal made a reviewable error in awarding costs to the complainant — Whether federal human rights tribunal has jurisdiction to award costs LeBel J UnanimousR v Sarrazin 2011 SCC 54 Whether the potential verdict of attempted murder should have been left with the jury by the trial judge – Deschamps and Rothstein JJAlberta (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 – –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 – McLachlin CJLMP 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 – –

2012

Statistics 6 Majority or Plurality0 Concurrence0 Other4 Dissent1 Concurrence/dissentTotal = 11 Written opinions = 11 Oral opinions = 0 Unanimous decisions = 5

Case name Issue Co-authored by Joined byMerck Frosst Canada Ltd v Canada (Health) 2012 SCC 3 Access to third-party information and notice requirements under the federal Access to Information Act – McLachlin CJ and Binnie, LeBel, Fish and Charron JJRichard v Time Inc 2012 SCC 8 Consumer protection and false or misleading representations under the Quebec Consumer Protection Act LeBel J UnanimousHalifax (Regional Municipality of) v Nova Scotia (Human Rights Commission) 2012 SCC 10 Judicial review and standard of review of Nova Scotia Human Rights Commission decision – UnanimousR v Roy 2012 SCC 26 Whether proof of actus reus without more can support inference that required objective mens rea element is present; Offence of dangerous operation of motor vehicle and whether accused's conduct displayed a marked departure from the standard of care – UnanimousAnnapolis County District School Board v Marshall 2012 SCC 27 Tort of negligence and contributory negligence – –Halifax (Regional Municipality of) v Canada (Public Works and Government Services) 2012 SCC 29 [URL]Standard of review of Minister of Public Works and Government Services' discretion to determine "property value" for purposes of making payments in lieu of taxes – UnanimousCanada (AG) v Downtown Eastside Sex Workers United Against Violence Society 2012 SCC 45 Public interest group and individual working on behalf of sex workers initiating a constitutional challenge to prostitution provisions of the Criminal Code, and whether the public interest group and individual should be granted public interest standing – UnanimousR v Boudreault 2012 SCC 56 Offence of care or control of motor vehicle while impaired, and whether risk of danger is an essential element of care or control offences – –R v St-Onge Lamoureaux 2012 SCC 57 Constitutional challenge on the statutory amendments affecting evidence that can be adduced to rebut the presumption of accuracy – Rothstein JR v Dineley 2012 SCC 58 Whether amendments brought to Criminal Code during accused's trial limiting the evidence that may be adduced in defence to raise a doubt about the reliability of breathalyzer tests have retrospective effect to the time of the alleged offence – McLachlin CJ and Rothstein JReference 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 Abella J Deschamps and Karakatsanis JJ

2013

2013 statistics 10 Majority or Plurality2 Concurrence0 Other3 Dissent0 Concurrence/dissentTotal = 15 Written opinions = 15 Oral opinions = 0 Unanimous decisions = 6

Case name Issue Co-authored by Joined byR v Ryan 2013 SCC 3 Criminal defence of duress LeBel J McLachlin CJ and Deschamps, Abella, Rothstein, Moldaver and Karakatsanis JJSun Indalex Finance, LLC v United Steelworkers 2013 SCC 6 Pensions and bankruptcy and insolvency – McLachlin CJ and Rothstein JR v Named Person B 2013 SCC 9 Informer privilege and evidence – Rothstein JAntrim Truck Centre Ltd v Ontario (Transportation) 2013 SCC 13 Compensation for expropriation and the tort of nuisance – UnanimousR v TELUS Communications Co 2013 SCC 16 Whether the general warrant power under s. 487.01 of the Criminal Code can authorize prospective production of future text messages from telecommunications service provider's database – McLachlin CJPenner v Niagara (Regional Police Services Board) 2013 SCC 19 Issue estoppel: administrative tribunal proceedings and civil proceedings Karakatsanis J McLachlin CJ and Fish JR v WH 2013 SCC 22 Reasonableness of trial verdict – UnanimousR v ADH 2013 SCC 28 Whether the mens rea for the offence of child abandonment under s. 214 of the Criminal Code is subjective or objective – McLachlin CJ and Fish, Abella and Karakatsanis JJEnvision 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 – –R v Vu 2013 SCC 60 Unreasonable search and seizure and exclusion of evidence under ss. 8 and 24(2) of the Charter – UnanimousAlberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401 2013 SCC 62 Whether legislation restricting the collection, use and disclosure of personal information under the Personal Information Protection Act violates expressive rights under s. (b) of the Charter Abella J UnanimousR v McRae 2013 SCC 68 Offence of uttering threats Karakatsanis J UnanimousAIC Ltd v Fischer 2013 SCC 69 Civil procedure – Certification of class actions – UnanimousIBM Canada Ltd v Waterman 2013 SCC 70 Employment law – Whether pension benefits should be deducted from damages for wrongful dismissal – LeBel, Fish, Abella, Moldaver, Karakatsanis and Wagner JJWood v Schaeffer 2013 SCC 71 Whether police officers have right to consult with counsel before making notes on an incident; Whether police officers are entitled to basic legal advice as to the nature of rights and obligations in connection with an incident LeBel J Fish J

2014

Statistics 16 Majority or Plurality2 Concurrence0 Other0 Dissent1 Concurrence/dissentTotal = 19 Written opinions = 15 Oral opinions = 4 Unanimous decisions = 9