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Marshall Rothstein, a Federal Court of Appeal judge, has been nominated to the Supreme Court of Canada. (image courtesy Steve Sharlow)

Rothstein known for legal knowledge, humour

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Date: Thu. Feb. 23 2006 6:11 PM ET

Marshall Rothstein will be the first Supreme Court judge to face a grilling by MPs, and those who know him think his sense of humour and keen legal knowledge will serve him well.

"He's a very clear thinker, he's very rational," former federal judge and friend of Rothstein Howard Wetston told CTV Newsnet from Toronto. "He has great wisdom. He's worked in many areas of the law."

"So he has a tremendous contribution to make, and I think he'll make that on the Supreme Court of Canada."

Rothstein, 65, offers a wealth of experience. He has been a judge for the past 14 years, and before that he was a leading lawyer in Winnipeg, specializing in commercial law at a private firm.

In 1992, he was named to the Federal Court's trial division by Brian Mulroney's Progressive Conservative government. Rothstein was elevated to the court's appeal division by the Jean Chretien Liberals in 1999.

Aside from his appointments to the Federal Court, Rothstein has lectured in transportation law at the Manitoba Law School for over 20 years.

He was also the chairman of the inquiry into compulsory retirement in Manitoba in 1981-1982, and a ministerial task force on international air policy in 1990-1991.

Rothstein is replacing former Supreme Court Justice John Major. The two men have known one another for 35 years.

"I think he has all the qualifications," Major told CTV Newsnet from Ottawa. "I think he's an excellent choice."

Harvard patent

Rothstein has written decisions on a number of topics, from immigration to national security, taxation and contract law, and trademark and patent disputes.

In perhaps his most famous case, Rothstein ruled that Harvard University should be granted a Canadian patent on a genetically-altered mouse -- a first in Canada.

He said the so-called "oncomouse" was a "new and useful 'composition of matter.'"

"Therefore, it is an 'invention' within the meaning of that term in Section 2 of the Patent Act," he wrote.

In 2002, the Supreme Court of Canada overturned the decision in a 5-4 split, ruling that higher life forms do not fall under the century-old Patent Act's definition of "invention."

Sense of humour

Rothstein, who will grilled by MPs before ascending to the bench, has been described by those who know him as someone who has a self-deprecating sense of humour.

"He is very engaging, he will engage with the committee, people will like him," said Patrick Monahan, the dean of the Osgoode Law School.

"People will see very quickly that he has the kind of judicial temperament, open-mindedness, that we want in a judge."

Born on Dec. 25, 1940, Rothstein is a graduate of the University of Manitoba. He was called to the Bar of Manitoba in 1966.

He married that same year to Sheila Dorfman of Montreal. They have four children, Ronald, Douglas, Tracey and Robert and two grandchildren.

"He's a family man," Wetston said. "He loves sports. He's very fit. He's interested in life. He's got a wonderful family."

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