Marshall Rothstein, Q.C.


The Honourable Marshall Rothstein, Q.C. is Associate Counsel. He brings almost 50 years of legal and judicial experience to the practice. Mr. Rothstein will undertake a variety of legal duties at the firm, including providing legal advice and opinion work. His primary focus, however, will be as an arbitrator and mediator on complex commercial and public law cases.

Mr. Rothstein served on the Supreme Court of Canada from March 2006 to August 2015. While at the country’s highest court, he wrote judgments on mergers, commercial arbitration, intellectual property, regulatory issues and various topics involving income tax, including the Income Tax Act’s general anti-avoidance rule. He has particular interests in intellectual property, tax law, regulatory issues and judicial review.

Born in Winnipeg, Mr. Rothstein received both his Bachelor of Commerce degree and Bachelor of Laws degree from the University of Manitoba. He was called to the Manitoba Bar in 1966.

He was a partner in the Winnipeg firm of Aikins, MacAulay & Thorvaldson and specialized in administrative law and litigation, mainly transportation and competition law, and commercial and labour arbitrations. Upon his appointment to the Supreme Court, his former firm set up a prize in his name for a deserving third-year law student.

He was appointed Queen’s Counsel in 1979.

In 1992, he was appointed to the Federal Court of Canada, Trial Division. While there he served as a member of the Competition Tribunal. He was also appointed to the Court Martial Appeal Court of Canada. In 1999, he was elevated to the Federal Court of Appeal where he served until his appointment to the Supreme Court of Canada on March 1, 2006. While at the Federal Court of Appeal, he served as a member of an Extraordinary Challenge Panel under the North American Free Trade Agreement involving softwood lumber.

In 2010, the University of Manitoba conferred the degree of Honourary Doctor of Laws on Mr. Rothstein.