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, [2009] 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, [2009] 2 S.C.R. 540 (Dissent)
  • Galambos v Perez, 2009 SCC 48, [2009] 3 S.C.R. 247 (Unanimous)
  • R v Burke, 2009 SCC 57, [2009] 3 S.C.R. 566 (Dissent)

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 nameIssueCo-authored byJoined 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 Oral opinions = XXX Unanimous decisions = XXX
Case nameIssueCo-authored byJoined by
R v Miljevic
2011 SCC 8
Whether trial judge erred in response to jury's questions Abella, Charron and Rothstein JJ
Kerr 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 Unanimous
Dubé 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 JJ
Bastien 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 JJ
R 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 Unanimous
R 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 JJ
R 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 JJ
Canada (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 Unanimous
R 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 JJ
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
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 CJ
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

2012

Statistics
6
Majority or Plurality
0
Concurrence
0
Other
4
Dissent
1
Concurrence/dissent Total = 11
Written opinions = 11 Oral opinions = 0 Unanimous decisions = 5
Case nameIssueCo-authored byJoined by
Merck 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 JJ
Richard v Time Inc
2012 SCC 8
Consumer protection and false or misleading representations under the Quebec Consumer Protection Act LeBel J Unanimous
Halifax (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 Unanimous
R 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 Unanimous
Annapolis 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 Unanimous
Canada (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 Unanimous
R 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 J
R 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 J
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 Abella J Deschamps and Karakatsanis JJ

2013

2013 statistics
10
Majority or Plurality
2
Concurrence
0
Other
3
Dissent
0
Concurrence/dissent Total = 15
Written opinions = 15 Oral opinions = 0 Unanimous decisions = 6
Case nameIssueCo-authored byJoined by
R v Ryan
2013 SCC 3
Criminal defence of duress LeBel J McLachlin CJ and Deschamps, Abella, Rothstein, Moldaver and Karakatsanis JJ
Sun Indalex Finance, LLC v United Steelworkers
2013 SCC 6
Pensions and bankruptcy and insolvency McLachlin CJ and Rothstein J
R v Named Person B
2013 SCC 9
Informer privilege and evidence Rothstein J
Antrim Truck Centre Ltd v Ontario (Transportation)
2013 SCC 13
Compensation for expropriation and the tort of nuisance Unanimous
R 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 CJ
Penner v Niagara (Regional Police Services Board)
2013 SCC 19
Issue estoppel: administrative tribunal proceedings and civil proceedings Karakatsanis J McLachlin CJ and Fish J
R v WH
2013 SCC 22
Reasonableness of trial verdict Unanimous
R 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 JJ
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
R v Vu
2013 SCC 60
Unreasonable search and seizure and exclusion of evidence under ss. 8 and 24(2) of the Charter Unanimous
Alberta (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 Unanimous
R v McRae
2013 SCC 68
Offence of uttering threats Karakatsanis J Unanimous
AIC Ltd v Fischer
2013 SCC 69
Civil procedure – Certification of class actions Unanimous
IBM 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 JJ
Wood 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 Plurality
2
Concurrence
0
Other
0
Dissent
1
Concurrence/dissent Total = 19
Written opinions = 15 Oral opinions = 4 Unanimous decisions = 9
Case nameIssueCo-authored byJoined by
AI Enterprises Ltd v Bram Enterprises Ltd
2014 SCC 12
Tort of unlawful interference with economic relations Unanimous
Bernard v Canada (AG)
2014 SCC 13
Judicial review of labour arbitration decisions Abella J LeBel, Karakatsanis and Wagner JJ
R v Hutchinson
2014 SCC 19
Offence of sexual assault and consent McLachlin CJ Rothstein and Wagner JJ
Reference Re Supreme Court Act, ss 5 and 6
2014 SCC 21
Eligibility requirements to the Supreme Court of Canada McLachlin CJ and LeBel, Abella, Karakatsanis and Wagner JJ
Peracomo Inc v TELUS Communications Co
2014 SCC 29
Maritime law and tort liability McLachlin CJ and Rothstein and Karakatsanis JJ
Ontario (Community Safety and Correctional Services) v Ontario (Information and Privacy Commissioner)
2014 SCC 31
Access to information and exemptions under the Freedom of Information and Protection of Privacy Act Wagner J Unanimous
Canada (Citizenship and Immigration) v Harkat
2014 SCC 37
Constitutionality of the security certificate scheme of the Immigration and Refugee Protection Act under s. 7 of the Charter Abella J
R v Spencer
2014 SCC 43
Privacy and unreasonable search and seizure under s. 8 of the Charter Unanimous
R v Sipos
2014 SCC 47
Long-term offender designations Unanimous
R v Hart
2014 SCC 52
Admissibility of "Mr. Big" confessions
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 Rothstein J LeBel, Abella and Gascon JJ
R v Mohamed
2014 SCC 63
Search and seizure and right to counsel under ss. 8 and 10(b) of the Charter Unanimous (oral)
R v Bouchard
2014 SCC 64
Appropriateness of jury charge on defence of provocation Unanimous (oral)
R v Lepine
2014 SCC 65
Appropriateness of jury charge Unanimous (oral)
Thibodeau v Air Canada
2014 SCC 67
Breach of language rights during international flight and conflicting legislation McLachlin CJ and LeBel, Rothstein and Karakatsanis JJ
Bhasin v Hrynew
2014 SCC 71
Contractual duty of good faith and honest performance Unanimous
R v Fearon
2014 SCC 77
Unreasonable search and seizure and search incident to arrest under s. 8 of the Charter McLachlin CJ and Moldaver and Wagner JJ
R v MacLeod
2014 SCC 76
Appropriate charge to jury on offences of second degree murder and manslaughter Unanimous (oral)

2015

Statistics
10
Majority or Plurality
2
Concurrence
0
Other
1
Dissent
0
Concurrence/dissent Total = 13
Written opinions = 13 Oral opinions = 0 Unanimous decisions = 4
Case nameIssueCo-authored byJoined by
Canada (AG) v Federation of Law Societies of Canada
2015 SCC 7
Whether Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as it applies to the legal profession, infringes the right to be free from unreasonable search and seizure and the right not to be deprived of liberty otherwise in accordance with principles of fundamental justice under ss. 8 and 7 of the Charter, respectively LeBel, Abella, Karakatsanis and Wagner JJ
Potter v New Brunswick Legal Aid Services Commission
2015 SCC 10
Whether administrative suspension constitutes a unilateral act amounting to a breach of contract via constructive dismissal; Whether pension benefits should be deducted from damages for wrongful dismissal McLachlin CJ
Quebec (AG) v Canada (AG)
2015 SCC 14
Whether federal legislation abolishing the long-gun registry also containing provision requiring the destruction of long-gun registration data is ultra vires the criminal law power of Parliament under s. 91(27) of the Constitution Act, 1867 Karakatsanis J McLachlin CJ and Rothstein and Moldaver JJ
Carey v Laiken
2015 SCC 17
Whether an intent to interfere with the administration of justice is required to prove civil contempt of court Unanimous
White Burgess Langille Inman v Abbott and Haliburton Co
2015 SCC 23
Expert opinion evidence, independence and impartiality and whether the elements of an expert's duty to the court go to admissibility of evidence rather than simply its weight Unanimous
R v Kokopenace
2015 SCC 28
Appropriate legal test for representativeness on jury roll; Jury representativeness under ss. 11(d) and (f) and 15 of the Charter McLachlin CJ
Strickland v Canada (AG)
2015 SCC 37
Whether provincial superior courts have jurisdiction to address validity of federal child support guidelines McLachlin CJ and Rothstein, Moldaver, Karakatsanis, Gascon and Côté JJ
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 Rothstein J Moldaver and Gascon JJ
R v Moriarty
2015 SCC 55
Whether provisions under the National Defence Act permitting federal offences to be prosecuted within the military justice system in relation to everyone subject to Code of Service Discipline, regardless of the circumstances in which offences were committed, are broader than necessary to achieve their purpose, in violation of s. 7 of the Charter Unanimous
Caron v Alberta
2015 SCC 56
Whether provincial Languages Act is ultra vires or inoperative insofar that by requiring provincial laws and regulates to be enacted, printed and published in English only, it abrogates the constitutional duty owed by Alberta to enact, print and publish its laws and regulations in both English and French in Rupert's Land and North-Western Territory Order (1870) Karakatsanis J McLachlin CJ and Rothstein, Moldaver and Gascon JJ
Canadian Imperial Bank of Commerce v Green
2015 SCC 60
Limitation period of class actions
MM v United States of America
2015 SCC 62
Whether extradition judge applied the correct principles in relation to double criminality and to own role in assessing the reliability and sufficiency of evidence; Whether extradition judge should consider evidence about possible defences and other exculpating circumstances in deciding whether to commit for extradition; Whether Minister of Justice gave appropriate consideration to the defence of necessity available under Canadian law but not available under the law of the requesting state; Whether Minister of Justice's decision to surrender for extradition was reasonable McLachlin CJ and Moldaver and Wagner JJ
R v Riesberry
2015 SCC 65
Whether a horse race constituted a "game" for the purposes of offence of cheating at pay Unanimous

2016

2016 statistics
6
Majority or Plurality
3
Concurrence
0
Other
1
Dissent
2
Concurrence/dissent Total = 12
Written opinions = 11 Oral opinions = 1 Unanimous decisions = 3
Case nameIssueCo-authored byJoined by
Carter v Canada (AG)
2016 SCC 4
Motion seeking an order extending the suspension of the declaration of constitutional invalidity issued in Carter v Canada (AG), 2015 SCC 5 McLachlin CJ and Moldaver and Brown JJ
R v Gagnon
2016 SCC 6
Arbitrary detention and exclusion of evidence Unanimous (oral)
R v Borowiec
2016 SCC 11
Offence of infanticide Unanimous
R v DLW
2016 SCC 22
Offence of bestiality McLachlin CJ and Moldaver, Karakatsanis, Côté and Brown JJ
R v Williamson
2016 SCC 28
Right to be tried within a reasonable time under s. 11 of the Charter Wagner and Gascon JJ
R v Jordan
2016 SCC 27
Right to be tried within a reasonable time under s. 11 of the Charter McLachlin CJ and Wagner and Gascon JJ
Wilson v Atomic Energy of Canada Ltd
2016 SCC 29
Unjust dismissal of non-unionized employees under the Canada Labour Code
R v Villaroman
2016 SCC 33
Whether trial judge erred in his analysis of circumstantial evidence by requiring that an inference supporting a conclusion other than guilt be based on evidence rather than on a lack of evidence Unanimous
Ledcor Construction Ltd v Northbridge Indemnity Insurance Co
2016 SCC 37
Property insurance and contract interpretation
Endean v British Columbia
2016 SCC 42
Jurisdiction of class actions McLachlin CJ and Abella, Moldaver, Gascon, Côté and Brown JJ
Mennillo v Intramodal inc
2016 SCC 51
Reasonable expectations of shareholders Abella, Karakatsanis, Wagner, Gascon and Brown JJ
Alberta (Information and Privacy Commissioner) v University of Calgary
2016 SCC 53
Privacy, production of documents and solicitor–client privilege

2017

2017 statistics
1
Majority or Plurality
0
Concurrence
0
Other
0
Dissent
0
Concurrence/dissent Total = 1
Written opinions = 1 Oral opinions = 0 Unanimous decisions = 0
Case nameIssueCo-authored byJoined by
Ernst v Alberta Energy Regulator
2017 SCC 1
Freedom of expression and Charter damages Karakatsanis, Wagner and Gascon JJ

* Note: This table is complete up until April 3, 2013

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