Reasons of the Supreme Court of Canada by Justice Abella

This is a list of all the reasons written by Rosalie Abella during her tenure as puisne justice of the Supreme Court of Canada.

2005

2005 statistics
6
Majority or Plurality
0
Concurrence
0
Other
4
Dissent
0
Concurrence/dissent Total = 10
Written opinions = ? Oral opinions = ? Unanimous decisions = ?
Case nameIssueCo-authored byJoined by
R v Grandinetti
2005 SCC 5
Admissibility of confessions None Unanimous


Tsiaprailis v Canada
2005 SCC 8
Taxation; disabled None Major and LeBel JJ
Nova Scotia (Minister of Health) v JJ
2005 SCC 12
Family services; adult care None Unanimous


Fédération des producteurs de volailles du Québec v Pelland
[2005] 2005 SCC 20
Federalism; provincial chicken market scheme None Unanimous


Prebushewski v Dodge City Auto (1984) Ltd
2005 SCC 28
Consumer protection None Unanimous


R v GR
2005 SCC 45
Incest None Bastarache, LeBel and Deschamps JJ


R v Turcotte
2005 SCC 50
Common law right to silence None Unanimous


Hilewitz v Canada (Minister of Citizenship and Immigration); De Jong v Canada (Minister of Citizenship and Immigration)
2005 SCC 57
Inadmissible due to health reasons, burden on social services None McLachlin CJ and Major, Bastarache, Binnie, Fish and Charron JJ.


EB v Order of the Oblates of Mary Immaculate in the Province of British Columbia
2005 SCC 60
Vicarious liability; employment law None None


R v RC
2005 SCC 61
Forsensic DNA None LeBel and Charron JJ

2006

Rosalie Abella 2006 statistics
4
Majority or Plurality
2
Concurrence
0
Other
1
Dissent
0
Concurrence/dissent Total = 7
Written opinions = 7 Oral opinions = 0 Unanimous decisions = 1
Case nameIssueCo-Authored byJoined by


Canada (Human Rights Commission) v Canadian Airlines International Ltd
2006 SCC 1
Statutory interpretation; discrimination for unequal wages LeBel J McLachlin CJ and Bastarache, Binnie, Fish and Charron JJ


Multani v Commission scolaire Marguerite‑Bourgeoys
2006 SCC 6
prohibiting religious weapons in school; freedom of religion Deschamps J None


Tranchemontagne v Ontario (Director, Disability Support Program)
2006 SCC 14
Jurisdiction of Human Rights Tribunals None LeBel and Deschamps JJ


R v Gagnon
2006 SCC 17
Sufficiency of reasons given by trial judge Bastarache J LeBel J


Fidler v Sun Life Assurance Co of Canada
2006 SCC 30
Damages for breach of contract McLachlin CJ Unanimous


GMAC Commercial Credit Corporation – Canada v TCT Logistics Inc
2006 SCC 35
Bankruptcy None McLachlin CJ and Bastarache, Binnie, LeBel, Fish and Charron JJ.


DBS v SRG; LJW v TAR; Henry v Henry; Hiemstra v Hiemstra
2006 SCC 37
Retroactive child support None Fish and Charron JJ

Robertson v Thomson Corp
2006 SCC 43
Copyright infringement, licensing None McLachlin CJ and Binnie and Charron JJ

Pharmascience Inc v Binet
2006 SCC 48
Professional ethics None Fish J

R v Morris
2006 SCC 59
Aboriginal treaty rights Deschamps J Binnie and Charron JJ

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
Celgene Corp v Canada (AG)
2011 SCC 1 [URL]
Statutory interpretation of the Patent Act — Reasonableness of Patented Medicine Prices Review Board's interpretation of the Patent Act Unanimous
R v Carron
2011 SCC 5
Whether a superior court has inherent jurisdiction to grant interim costs in litigation taking place in the provincial court
Bou Malhab v Diffusion Métromédia CMR inc
2011 SCC 9
Whether the representative plaintiff in a class action for defamation must prove that each group member suffered personal injury
Ontario (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
R v O'Brien
2011 SCC 29
Whether trial judge's error in not excluding bad character evidence and in not specifically addressing that evidence in his reasons caused a substantial wrong or a miscarriage of justice McLachlin CJ and Deschamps, Rothstein and Cromwell JJ
R v Sinclair
2011 SCC 40
XXX
R v Topp
2011 SCC 43
Whether an offender is required to prove an inability to pay a fine corresponding to funds fraudulently obtained — Whether the trial judge was bound to impose a fine in light of the accused's failure to explain what happened to misappropriated funds Unanimous
Crookes v Newton
2011 SCC 47
Tort of libel and slander — Whether a hyperlink to an allegedly defamatory article in itself constitutes a publication Binnie, LeBel, Charron, Rothstein and Cromwell
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 LeBel, Deschamps, Charron and Rothstein JJ
Newfoundland and Labrador Nurses' Union v Newfoundland and Labrador (Treasury Board)
2011 SCC 62
Whether reasons of tribunal satisfy Dunsmuir requirements for "justification, transparency and intelligibility" Unanimous
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 Rothstein J Binnie, LeBel and Deschamps JJ
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 Rothstein J Binnie, LeBel and Deschamps JJ

2012

Statistics
8
Majority or Plurality
1
Concurrence
0
Other
3
Dissent
0
Concurrence/dissent Total = 12
Written opinions = 12 Oral opinions = 0 Unanimous decisions = 6
Case nameIssueCo-authored byJoined by
Doré v Barreau du Québec
2012 SCC 12
Judicial review and standard of review of law society disciplinary council; Proper approach to judicial review of discretionary administrative decisions engaging Charter protections Unanimous
Tessier Ltée v Quebec (Commission de la santé et de la sécurité du travail)
2012 SCC 23
Division of powers and labour law; Whether stevedoring activities form part of federal jurisdiction over shipping under the Constitution Act, 1867 Unanimous
R v Mayuran
2012 SCC 31
Defence of provocation Unanimous
Society of Composers, Authors and Music Publishers of Canada v Bell Canada
2012 SCC 36
Intellectual property and whether the use of previews on online music services constitutes "fair dealing" under the federal Copyright Act Unanimous
Rogers 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
Entertainment 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 Moldaver J McLachlin CJ and Deschamps and Karakatsanis JJ
Alberta (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 McLachlin CJ and LeBel, Moldaver and Karakatsanis JJ
AB v Bragg Communications Inc
2012 SCC 46
Underage victim of cyberbullying applying for order requiring Internet provider to disclose the identity of persons using IP address to publish fake and allegedly defamatory online profile to identify potential defendants for an action in defamation, and whether the victim can proceed anonymously in application and seek publication ban on the contents of the fake profile Unanimous
R v Cole
2012 SCC 53
Whether a warrantless search and seizure of a laptop computer and disc containing Internet files breached accused right against unreasonable search and seizure under s. 8 of the Charter, and if so, whether the evidence ought to be excluded under s. 24(2) of the Charter; Whether accused had reasonable expectation of privacy in employer-issued work computer
Moore v British Columbia (Education)
2012 SCC 61
Whether school district discriminated against student by failing to provide necessary remediation for disability contrary to s. 8 of the provincial Human Rights Code; What constitutes meaningful access to education for students with learning disabilities Unanimous
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 Cromwell J Deschamps and Karakatsanis JJ
R v NS
2012 SCC 72
Whether requiring witness to remove niqab while testifying would interfere with her religious freedom under s. 2(a) of the Charter; Whether permitting witness to wear niqab while testifying would create a serious risk to trial fairness under s. 11(d) of the Charter

2013

Statistics
8
Majority or Plurality
0
Concurrence
0
Other
3
Dissent
1
Concurrence/dissent Total = 12
Written opinions = 12 Oral opinions = 0 Unanimous decisions = 4
Case nameIssueCo-authored byJoined by
Quebec (AG) v A
2013 SCC 5
Discrimination based on marital status under s. 15(1) of the Charter
R v Named Person B
2013 SCC 9
Informer privilege and evidence McLachlin CJ and LeBel, Fish, Moldaver and Karakatsanis JJ
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 LeBel and Fish JJ
Penner v Niagara (Regional Police Services Board)
2013 SCC 19
Issue estoppel: administrative tribunal proceedings and civil proceedings LeBel J Rothstein J
Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper, Ltd
2013 SCC 34
Labour arbitration and collective agreement management rights clauses LeBel, Fish, Cromwell, Karakatsanis and Wagner JJ
Sable Offshore Energy Inc v Ameron International Corp
2013 SCC 37
Settlement privilege and disclosure Unanimous
Divito v Canada (Public Safety and Emergency Preparedness)
2013 SCC 47
Constitutional challenge of provisions of the International Transfer of Offenders Act under mobility rights under s. 6(1) of the Charter Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ
Castonguay Blasting Ltd v Ontario (Environment)
2013 SCC 52
Environmental law – Failure to report discharge of contaminant into natural environment Unanimous
R v Cairney
2013 SCC 55
Defence of provocation Fish J
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 Cromwell J Unanimous
La Souveraine, Compagnie d'assurance générale v Autorité des marchés financiers
2013 SCC 63
Provincial offences and strict liability under the Quebec Act respecting the distribution of financial products and services
Katz Group Canada Inc v Ontario (Health and Long-Term Care)
2013 SCC 64
Whether regulations effectively banning the sale of private label drugs by pharmacies is ultra vires on the grounds they are inconsistent with the statutory scheme and mandate of the Ontario Drug Interchangeability and Dispensing Fee Act and Ontario Drug Benefit Act Unanimous

2014

Statistics
7
Majority or Plurality
1
Concurrence
0
Other
5
Dissent
1
Concurrence/dissent Total = 14
Written opinions = 12 Oral opinions = 2 Unanimous decisions = 5
Case nameIssueCo-authored byJoined by
Bernard v Canada (AG)
2014 SCC 13
Judicial review of labour arbitration decisions Cromwell J LeBel, Karakatsanis and Wagner JJ
R v Babos
2014 SCC 16
Stay of proceedings and abuse of process
R v Hutchinson
2014 SCC 19
Offence of sexual assault and consent Moldaver J Karakatsanis J
Reference Re Supreme Court Act, ss 5 and 6
2014 SCC 21
Eligibility requirements to the Supreme Court of Canada McLachlin CJ and LeBel, Cromwell, Karakatsanis and Wagner JJ
R v Vorkura
2014 SCC 22
Reasonableness of trial verdict Unanimous (oral)
R v Clarke
2014 SCC 28
Sentencing and the interpretation of the Truth in Sentencing Act Unanimous
R v Jackson
2014 SCC 30
Admissibility of evidence under judicial discretion Unanimous (oral)
Dionne v Commission scolaire des Patriotes
2014 SCC 33
Occupational health and safety and the right to refuse unsafe work 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 Cromwell J
McCormick v Fasken Martineau DuMoulin LLP
2014 SCC 39
Whether an "equity partner" at a law firm is engaged in an "employment relationship" under the Human Rights Code Unanimous
Kazemi Estate v Islamic Republic of Iran
2014 SCC 62
Public international law and sovereign immunity
Imperial Oil v Jacques
2014 SCC 66
Whether a party to a civil proceeding can request disclosure of recordings of private communications intercepted by the state in the course of a criminal investigation
Thibodeau v Air Canada
2014 SCC 67
Breach of language rights during international flight and conflicting legislation Wagner J
Febles v Canada (Citizenship and Immigration)
2014 SCC 68
Convention refugees and exclusion based on commission of serious crime prior to admission to country of refuge Cromwell J

2015

Statistics
10
Majority or Plurality
1
Concurrence
0
Other
4
Dissent
3
Concurrence/dissent Total = 18
Written opinions = 16 Oral opinions = 2 Unanimous decisions = 4
Case nameIssueCo-authored byJoined by
Meredith v Canada (AG)
2015 SCC 2
Whether the statutory limit on wages increases in the public sector under the Expenditure Restraint Act infringes claimants' rights to a meaningful process of collective bargaining under s. 2(d) of the Charter
Tervita Corp v Canada (Commissioner of Competition
2015 SCC 3
Legal test for when a merger gives rise to a substantial prevention of competition under the Competition Act; Defence of statutory efficiencies
Saskatchewan Federation of Labour v Saskatchewan
2015 SCC 4
Whether a right to strike is protected by freedom of association under s. 2(d) of the Charter; Whether prohibition on essential employees participating in strike action amounts to substantial interference with a meaningful process of collective bargaining McLachlin CJ and LeBel, Cromwell and Karakatsanis JJ
Loyola High School v Quebec (AG)
2015 SCC 12
Proper approach to judicial review of discretionary administrative decisions engaging Charter protections; Whether decision of Minister of Education, Recreation and Sports requiring a proposed alternative program being entirely secular in approach is reasonable given the statutory objectives of the program and s. 2(a) of the Charter, and whether the decision limits freedom of religion under s. 3 of the Quebec Charter of Human Rights and Freedoms LeBel, Cromwell and Karakatsanis JJ
Mouvement laïque québécois v Saguenay (City)
2015 SCC 16
Whether practice of members of municipal council regulated by a by-law and that consists of reciting prayer at start of each meeting of council is in breach of principle of religious neutrality of state and results in discriminatory interference with freedom of conscience and religion under the Quebec Charter of Human Rights and Freedoms; Whether a decision of the Quebec Human Rights Tribunal is subject to standards of review applicable to judicial review proceedings or to appellate standards
Theratechnologies inc v 121851 Canada inc
2015 SCC 18
Securities and statutory disclosure obligations Unanimous
Yukon Francophone School Board, Education Area #23 v Yukon (AG)
2015 SCC 25
Whether trial judge's conduct and community involvement raised a reasonable apprehension of bias; Whether a school board can unilaterally decide to admit students who area not covered by s. 23 of the Charter Unanimous
Kahkewistahaw First Nation v Taypotat
2015 SCC 30
Whether eligibility requirement under the Kahkewistahaw Election Act requiring candidates for chief or band councillor to have at least a Grade 12 education violates the right to equality under s. 15(1) of the Charter Unanimous
Strickland v Canada (AG)
2015 SCC 37
Whether provincial superior courts have jurisdiction to address validity of federal child support guidelines Wagner J
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 Wagner J Karakatsanis J
Ontario (Energy Board) v Ontario Power Generation Inc
2015 SCC 44
Whether Ontario Energy Board's utilities rate-setting decision to disallow $145 million in labour compensation costs related to utility's nuclear operations was a reasonable; Whether Ontario Energy Board acted improperly in pursuing appeal and in arguing in favour of the reasonableness of its own decision
R v MJB
2015 SCC 48
Reasonableness of trial verdict Cromwell, Moldaver and Brown JJ (oral)
Saskatchewan (AG) v Lemare Lake Logging Ltd
2015 SCC 53
Whether provincial The Saskatchewan Farm Security Act is constitutionally inoperative when an application is made to appoint a national receiver under the federal Bankruptcy and Insolvency Act, by reason of the doctrine of federal paramountcy Gascon J Cromwell, Moldaver, Karakatsanis and Wagner JJ
R v Hecimovic
2015 SCC 54
Whether the trial judge properly considered the conduct of the accused, charged with dangerous operation of a motor vehicle, in light of all relevant evidence in determining whether the accused's conduct was a marked departure form the requisite standard of care Cromwell, Wagner, Gascon and Brown JJ (oral)
Canadian Broadcasting Corp v SODRAC 2003 Inc
2015 SCC 57
Intellectual property and copyright
Kanthasamy v Canada (Citizenship and Immigration)
2015 SCC 61
Whether decision of Minister of Citizenship and Immigration to deny relief to claimant seeking humanitarian and compassionate exemption to apply for permanent residence from within Canada was a reasonable exercise of humanitarian and compassionate discretion under the Immigration and Refugee Protection Act McLachlin CJ and Cromwell, Karakatsanis and Gascon JJ
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 Karakatsanis and Côté JJ
R v McKenna
2015 SCC 63
Correctness of trial judge's jury charge Unanimous (oral)

2016

Statistics
6
Majority or Plurality
0
Concurrence
0
Other
4
Dissent
2
Concurrence/dissent Total = 12
Written opinions = 11 Oral opinions = 1 Unanimous decisions = 2
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 Karakatsanis, Wagner, Gascon and Côté JJ
Daniels v Canada (Indian Affairs and Northern Development)
2016 SCC 12
Métis and non-status Indians under s. 91(24) of the Constitution Act, 1867 Unanimous
R v DLW
2016 SCC 22
Offence of bestiality
R v Saeed
2016 SCC 24
Unreasonable search and seizure under s. 8 of the Charter
Wilson v Atomic Energy of Canada Ltd
2016 SCC 29
Unjust dismissal of non-unionized employees under the Canada Labour Code
Lapointe Rosenstein Marchand Melançon LLP v Cassels Brock & Blackwell LLP
2016 SCC 30
Private international law – Choice of forum McLachlin CJ and Cromwell, Karakatsanis, Wagner and Gascon JJ
R v KRJ
2016 SCC 31
Sentencing and s. 11 of the Charter
R v Rowson
2016 SCC 40
Arbitrary detention, right to counsel and unreasonable search and seizure under the Charter Unanimous (oral)
Morasse v Nadeau-Dubois
2016 SCC 44
Offence of contempt of court Gascon J McLachlin CJ and Cromwell and Karakatsanis JJ
Alberta (Information and Privacy Commissioner) v University of Calgary
2016 SCC 53
Privacy, production of documents and solicitor–client privilege
Windsor (City of) v Canadian Transit Co
2016 SCC 54
Jurisdiction of courts
Canada (AG) v Fairmont Hotels Inc
2016 SCC 56
Contracts and rectification of written instrument recording prior agreement Côté J

2017

Statistics
7
Majority or Plurality
2
Concurrence
0
Other
3
Dissent
0
Concurrence/dissent Total = 13
Written opinions = 9 Oral opinions = 4 Unanimous decisions = 2
Case nameIssueCo-authored byJoined by
Ernst v Alberta Energy Regulator
2017 SCC 1
Freedom of expression and Charter damages
R v Clifford
2017 SCC 9
Similar fact evidence Moldaver, Karakatsanis, Wagner, Côté and Brown JJ (oral)
R v Brown
2017 SCC 10
Admission of fresh evidence and ordering new trials Unanimous (oral)
Green v Law Society of Manitoba
2017 SCC 18
Law of professions – Lawyers and continuing professional development Côté J
R v Hunt
2017 SCC 25
Constitutional law – stay of proceedings due to delay Unanimous (oral)
Quebec (Director of Criminal and Penal Prosecutions) v Jodoin
2017 SCC 26
Awarding of costs against a lawyer personally Côté J
Douez v Facebook, Inc
2017 SCC 33
Private international law – Jurisdiction
Google Inc v Equustek Solutions Inc
2017 SCC 34
Injunctions barring use and sale of intellectual property McLachlin CJ and Moldaver, Karakatsanis, Wagner, Gascon and Brown JJ
Teva Canada Ltd v TD Canada Trust
2017 SCC 51
Commercial law – Bills of exchange Moldaver, Karakatsanis, Gascon and Brown JJ
R v Robinson
2017 SCC 52
[DESCRIPTION] Moldaver, Karakatsanis, Wagner, Gascon and Rowe JJ (oral)
R v Millington
2017 SCC 53
[DESCRIPTION] XXXX Moldaver, Karakatsanis, Wagner, Gascon and Rowe JJ (oral)
R v Jones
2017 SCC 60
Constitutional law – Admissibility of evidence derived from unreasonable search and seizure
British Columbia (Human Rights Tribunal) v Schrenk
2017 SCC 61
Discrimination on basis of employment
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