Marshall Rothstein

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International Tax Litigator and Former Crown Counsel Joins Osler's Tax Practice

Al Meghji, who heads up the firm's market leading tax litigation group explains: "Having David lead our Vancouver tax disputes practice with a team that...

Actually, we still need affirmative action for African Americans in college admissions. Here's why.

By Richard Rothstein. Chief Justice John G. Roberts Jr. says that “the way to stop discrimination on the basis of race is to stop discriminating...

Former SCC justice Marshall Rothstein joins Osler Hoskin & Harcourt LLP

Mark Longo, Osler's Vancouver office managing partner, said: "Having Marshall join our growing office is a terrific endorsement of our platform in the B.C. market.

Exclusion clause for 'conversion' in comprehensive auto policy 'does not come close' to being easily intelligible: Court

An exclusion in an auto insurance policy for loss or damage caused by “conversion,” by someone in lawful possession of a vehicle does not apply...

Changes coming to SCC law clerks program

In recent years, it seems judges of the court are being asked increasingly to do things outside the courtroom such as give speeches and attend...

Trudeau's Supreme Court pick highlights why conservatives keep losing

The Carter v Canada case that legalized so-called assisted suicide in Canada was a unanimous decision—all nine of the Supreme Court justices voted in favor...

A tweak, not overhaul to top-court nominees

In 2006, when the Harper government held public hearings to recommend that Justice Marshall Rothstein replace former justice John Major, the MPs were given just...

A tweak, not an overhaul, to top-court nominees

In what may be a bid to ameliorate the embarrassment of the Marc Nadon nomination — Nadon's 2013 appointment to the Supreme Court was ruled...

Richard C. Owens: Fix Canada's copyright law before it puts publishers out of business

First, the Supreme Court of Canada (SCC), in the 2012 case Alberta v. Canadian Copyright ... More knowledgeable judges like Marshall Rothstein and Ian Binnie...

Manitoba Movers

... as well as all levels of court. Prior to practising administrative, constitutional, labour, and employment law at an Ottawa-based firm, Dayna spent a year...

Finding that breast cancer is an occupational disease for hospital lab workers upheld by Supreme Court of Canada

The Supreme Court of Canada recently upheld a ruling from the British Columbia Workers' Compensation Appeal Tribunal that breast cancer among hospital lab workers was...

Canada Legalizes Most Sex Acts With Animals

(Photo: Reuters/Blair Gable)The Supreme Court of Canada Justices (front L-R) Thomas Cromwell, Rosalie Abella, Beverley McLachlin, Marshall Rothstein, Michael Moldaver, (back L-R) Clement Gascon, Andromache...

62 Years After Brown v. Board Of Education: Why Racial Segregation Is Up In US Schools

On May 17, 1954, the Supreme Court of the United States declared segregated schools unconstitutional. .... AUBREYAnd Richard Rothstein, who's joining us on Skype as...

Justice Rothstein on Tax Cases in Generalist Court

- The Leave Granting Process at the Supreme Court of CanadaLexology (registration)The Honourable Marshall Rothstein, Q.C., who served on the Supreme Court of Canada...

A Biglaw Associate's Big Supreme Court Victory

I clerked for the Supreme Court of Canada, so it was wonderful to have some of the justices I knew in court this morning when...

A man shouldn't hit a woman…unless she's asking for it?

(blog) (blog)But it's important to remember something: The Carter v Canada case that legalized euthanasia in Canada was a unanimous decision—all nine of the...

Liberals must fix way Supreme Court justices are named: Editorial

To his credit, Trudeau has already instructed Wilson-Raybould to do better on these important appointments. In his mandate letter to the justice minister, he told...

Don't fool yourself: Stephen Harper was no friend of pro-lifers

(blog) (blog)But it's important to remember something: The Carter v Canada case that legalized euthanasia in Canada was a unanimous decision—all nine of the...

Beverley Mclachlin

(subscription) (subscription)The reasoning in his decision while on the Nova Scotia Court of Appeal in the Marshall / Bernard case, which involved aboriginals cutting...

Contract law development hurt by ruling, says lawyer

Now-retired Supreme Court justice Marshall Rothstein wrote the court's unanimous decision in Sattva, which parted from the historical approach to contractual interpretation as a question...

Toronto Arbitration Centers Nab 2 Prominent Hires

(subscription)Marshall Rothstein has joined downtown Toronto's Arbitration Place as a member arbitrator following his retirement from the Supreme Court of Canada in 2015, and...

Insurer seeks leave to appeal $8.5-million award in disputed construction claim over defects exclusion clause

Canada's highest court saw "no impediment" to ruling that defective workmanship could be an accident "unless of course it is not supported by the specific...

Osler announces partnership with Ryerson's Legal Innovation Zone and other legal moves and grooves for Jan. 26

“In his many years on the bench Marshall Rothstein earned a formidable reputation as one of the best corporate commercial judges in the country,” said...

Osgoode lands legal giant

Heavy-hitting retired Supreme Court of Canada judge Marshall Rothstein has joined Osgoode Hall Law School at York University as a distinguished visiting professor. Lorne Sossin,...

Supreme Court riven by dissent, new study finds

Internal dissent over major cases is increasingly dividing the Supreme Court of Canada, with some justices resorting to sharp criticisms of majority decisions they believe...

Marshall Rothstein appointed distinguished visiting professor ... - YFile

Rothstein, who has made rich and varied contributions to the law over the past 50 years, including serving on the Supreme Court of Canada from...

McMillan unveils new leadership team, Marshall Rothstein joins Osgoode Hall ...

Marshall Rothstein, who recently retired as a Supreme Court of Canada justice, is joining Osgoode Hall Law School for a one-year term as a “distinguished...

IP Osgoode Welcomes The Honourable Marshall Rothstein to ...

It will consist of three panels focused on distinct issues in the case, and will feature a mixture of practitioners (including some of the lawyers...

KING OF THE HILL

Former Supreme Court of Canada justice Marshall Rothstein has a new home in Vancouver at Hunter Litigation Chambers. Rothstein, a former Federal Court judge whom...

Will the Supreme Court shred affirmative action?

It is a grim irony: As college students around the country protest that universities haven't gone far enough to correct racial injustice, the Supreme Court...

Former Supreme Court judge Marshall Rothstein says court not anti-business

Retired Supreme Court of Canada justice Marshall Rothstein says it is wrong to characterize a run of recent Supreme Court decisions, ranging from enshrining the...

Marshall Rothstein joins Hunter Litigation Chambers in Vancouver ...

Marshall Rothstein, who earlier this year retired as a justice with the Supreme Court of Canada, is joining Hunter Litigation Chambers in Vancouver.

US Supreme Court to reconsider UT affirmative action case

“I don't think the Supreme Court would have taken the case a second time if it simply wanted to affirm what the 5th Circuit did,”...

Three-year limitation period suspended in shareholders' misrepresentation ...

The other Supreme Court of Canada judges who heard the appeal Feb. 9, 2015 - Chief Justice Beverley McLachlin, Madam Justice Suzanne Côté and Mr.

SCC requires tech neutrality in copyright negotiations

Justice Marshall Rothstein came out clearly and squarely expressing the view that, if a reproduction occurs, it's a copy, says Barry Sookman. ... “Justice Rothstein...

Federal bankruptcy law trumps Alberta law allowing suspension of uninsured ...

... Rosalie Silberman Abella, Mr. Justice Thomas Cromwell, Mr. Justice Michael Moldaver, Madam Justice Andromache Karakatsanis, Mr. Justice Richard Wagner and Mr. Justice Marshall Rothstein...

Dersh Deposed: Alan Dershowitz Accuses Former Federal Judge Of Billion-Dollar ...

Tamara Tabo is a summa cum laude graduate of the Thurgood Marshall School of Law at Texas Southern University, where she served as Editor-in-Chief of...

Frequent visitor appointed supreme court judge

Brown was appointed to Court of the Queen's Bench in February of 2013, he spent a little over a year there before being appointed to...

Lien bonds, building contractors' trust funds are two separate remedies in ...

"A lien bond involves only an assurance that the surety will pay the amount of any lien judgment should the lien defendant fail to do...

Marshall Rothstein muses on nine years in Canada's Supreme Court

That was rookie Prime Minister Stephen Harper's advice to a nervous Marshall Rothstein before the federal judge made Canadian legal history as the first ever...

Intact must defend construction company over lawsuit arising from fire: Court

"I see no limitation to third-party property in the definition of 'property damage,'" wrote Mr. Justice Marshall Rothstein, of the Supreme Court of Canada, in...

Beverley McLachlin Has 'No Concern' About Latest Harper-Appointed Judge

The Globe and Mail... related to the federal election campaign, but did comment on the latest appointment to the Supreme Court by Prime Minister Stephen...

Scheme shows distinction in sanctions

As Julius Melnitzer reported on Legal Post, the Supreme Court ruled AMPs do not offend constitutional rights because they are not criminal in nature and...

Accountability needed: Why was Justice Russell Brown appointed to the top court?

The Nadon hearing in 2013 was the last of four that had begun in 2006 with the appointment of Justice Marshall Rothstein. The others occurred...

Editorial: Sask. Supreme Court drought continues

The Globe and Mail... of Saskatchewan, understands the appointment process well, having served on the advisory committee that came up with a short list of...

Justice Russell Brown of Alberta named to Supreme Court

Prime Minister Stephen Harper has announced the appointment of Justice Russell Brown, of Alberta's Court of Appeal, to replace Justice Marshall Rothstein on the Supreme...

The Supreme Court's Challenge to Housing Segregation

The State of Texas then petitioned the Supreme Court for review, arguing that the Fair Housing Act did not forbid programs that had a “disparate...

Speaker's Corner: Time to revisit Sattva on the standard of review?

Creston Moly Corp. last year, the Supreme Court of Canada seemingly resolved the uncertainty. Abandoning the historical stance, Justice Marshall Rothstein, writing for a unanimous...

Dissenting Justice Scalia's sarcastic rebuke raises eyebrows

Compared to Justice Scalia's harsh language, Justice Marshall Rothstein of the Supreme Court of Canada struck a mild note – though strong in Canadian terms...

When Supremes talk, we should listen

In 2013, he made a phone call to point out potential problems with the appointment of a judge (Marc Nadon) who would not have been...