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 [1], 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 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 Oral opinions = XXX Unanimous decisions = XXX

	Case name	Issue	Co-authored by	Joined by
	R v Miljevic 2011 SCC 8 [2]	Whether trial judge erred in response to jury's questions	–	Abella, Charron and Rothstein JJ
	Kerr v Baranow 2011 SCC 10 [3]	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 [4]	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 [5]	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 [6]	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 [7]	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 [8]	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 [9]	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 [10]	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 [11]	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 [12]	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 [13]	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 [14]	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 name	Issue	Co-authored by	Joined by
	Merck Frosst Canada Ltd v Canada (Health) 2012 SCC 3 [15]	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 [16]	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 [17]	Judicial review and standard of review of Nova Scotia Human Rights Commission decision	–	Unanimous
	R v Roy 2012 SCC 26 [18]	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 [19]	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 [20]	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 [21]	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 [22]	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 [23]	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 [24]	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 name	Issue	Co-authored by	Joined by
	R v Ryan 2013 SCC 3 [25]	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 [26]	Pensions and bankruptcy and insolvency	–	McLachlin CJ and Rothstein J
	R v Named Person B 2013 SCC 9 [27]	Informer privilege and evidence	–	Rothstein J
	Antrim Truck Centre Ltd v Ontario (Transportation) 2013 SCC 13 [28]	Compensation for expropriation and the tort of nuisance	–	Unanimous
	R v TELUS Communications Co 2013 SCC 16 [29]	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 [30]	Issue estoppel: administrative tribunal proceedings and civil proceedings	Karakatsanis J	McLachlin CJ and Fish J
	R v WH 2013 SCC 22 [31]	Reasonableness of trial verdict	–	Unanimous
	R v ADH 2013 SCC 28 [32]	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 [33]	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 [34]	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 [35]	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 [36]	Offence of uttering threats	Karakatsanis J	Unanimous
	AIC Ltd v Fischer 2013 SCC 69 [37]	Civil procedure – Certification of class actions	–	Unanimous
	IBM Canada Ltd v Waterman 2013 SCC 70 [38]	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 [39]	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 name	Issue	Co-authored by	Joined by
	AI Enterprises Ltd v Bram Enterprises Ltd 2014 SCC 12 [40]	Tort of unlawful interference with economic relations	–	Unanimous
	Bernard v Canada (AG) 2014 SCC 13 [41]	Judicial review of labour arbitration decisions	Abella J	LeBel, Karakatsanis and Wagner JJ
	R v Hutchinson 2014 SCC 19 [42]	Offence of sexual assault and consent	McLachlin CJ	Rothstein and Wagner JJ
	Reference Re Supreme Court Act, ss 5 and 6 2014 SCC 21 [43]	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 [44]	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 [45]	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 [46]	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 [47]	Privacy and unreasonable search and seizure under s. 8 of the Charter	–	Unanimous
	R v Sipos 2014 SCC 47 [48]	Long-term offender designations	–	Unanimous
	R v Hart 2014 SCC 52 [49]	Admissibility of "Mr. Big" confessions	–	–
	Trial Lawyers Association of British Columbia v British Columbia (AG) 2014 SCC 59 [50]	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 [51]	Mental disorders and dispositions by a court or review board	Rothstein J	LeBel, Abella and Gascon JJ
	R v Mohamed 2014 SCC 63 [52]	Search and seizure and right to counsel under ss. 8 and 10(b) of the Charter	–	Unanimous (oral)
	R v Bouchard 2014 SCC 64 [53]	Appropriateness of jury charge on defence of provocation	–	Unanimous (oral)
	R v Lepine 2014 SCC 65 [54]	Appropriateness of jury charge	–	Unanimous (oral)
	Thibodeau v Air Canada 2014 SCC 67 [55]	Breach of language rights during international flight and conflicting legislation	–	McLachlin CJ and LeBel, Rothstein and Karakatsanis JJ
	Bhasin v Hrynew 2014 SCC 71 [56]	Contractual duty of good faith and honest performance	–	Unanimous
	R v Fearon 2014 SCC 77 [57]	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 [58]	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 name	Issue	Co-authored by	Joined by
	Canada (AG) v Federation of Law Societies of Canada 2015 SCC 7 [59]	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 [60]	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 [61]	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 [62]	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 [63]	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 [64]	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 [65]	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 [66]	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 [67]	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 [68]	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 [69]	Limitation period of class actions	–	–
	MM v United States of America 2015 SCC 62 [70]	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 [71]	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 name	Issue	Co-authored by	Joined by
	Carter v Canada (AG) 2016 SCC 4 [72]	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 [73]	Arbitrary detention and exclusion of evidence	–	Unanimous (oral)
	R v Borowiec 2016 SCC 11 [74]	Offence of infanticide	–	Unanimous
	R v DLW 2016 SCC 22 [75]	Offence of bestiality	–	McLachlin CJ and Moldaver, Karakatsanis, Côté and Brown JJ
	R v Williamson 2016 SCC 28 [76]	Right to be tried within a reasonable time under s. 11 of the Charter	–	Wagner and Gascon JJ
	R v Jordan 2016 SCC 27 [77]	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 [78]	Unjust dismissal of non-unionized employees under the Canada Labour Code	–	–
	R v Villaroman 2016 SCC 33 [79]	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 [80]	Property insurance and contract interpretation	–	–
	Endean v British Columbia 2016 SCC 42 [81]	Jurisdiction of class actions	–	McLachlin CJ and Abella, Moldaver, Gascon, Côté and Brown JJ
	Mennillo v Intramodal inc 2016 SCC 51 [82]	Reasonable expectations of shareholders	–	Abella, Karakatsanis, Wagner, Gascon and Brown JJ
	Alberta (Information and Privacy Commissioner) v University of Calgary 2016 SCC 53 [83]	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 name	Issue	Co-authored by	Joined by
	Ernst v Alberta Energy Regulator 2017 SCC 1 [84]	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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