André Roothman

André Roothman has practiced as a trial lawyer for more than 30 years. He is at ease both in court and in settlement negotiations/mediations.

André served as an officer in the South African Navy (Permanent Force) prior to pursuing his legal career. He was later appointed to the rank of Commander in the Reserve Force. He also spent several years as senior legal advisor with a major financial institution in South Africa, where he focused on tax law and trust law. His financial background provides him with the skills to deal with high net worth family disputes, shareholder disputes, estate disputes and complex financial litigation. During his time as a partner with Roothman & Roothman Attorneys in Cape Town he defended clients accused of serious crimes, such as murder and sexual assault, fraud and armed robbery. He balanced his criminal practice with trust-and-estate planning and commercial litigation.

After immigrating to Canada in 2002, he spent two years in Vancouver and then decided to seek adventure in the far north of Canada. André practised in Whitehorse, Yukon for fourteen years, initially with a national law firm and thereafter in partnership with Susan Roothman. His family law practice focused on asset division and child support disputes and he regularly acted as lawyer for children in custody and access disputes. His civil litigation practice covered a wide spectrum, including shareholder disputes, estate litigation, First Nation constitutional law and administrative law. André served as counsel to several boards and tribunals in the Yukon.

He enjoyed dealing with the murky world of gold mining, tracking down hidden gold reserves in shareholder disputes and family law cases that involved gold mining. André also achieved positive outcomes for his clients in numerous high-profile criminal trials in the Yukon. Those include successfully defending a former Speaker of the Legislature on sexual assault charges and defending a TV reality show star of the series Yukon Gold on environmental law contraventions. A selection of cases in which André was involved can be accessed below.

André focuses his practice on family law, criminal law, trust and estate litigation, shareholder disputes, general civil litigation and administrative law. André enjoys cycling in the Okanagan. He completed the 2019 Mediofondo of 92 km in Penticton as well as the 2019 Mt Revelstoke Steamer, Canada’s longest hill climb race.


Academic

  • B.A. (Political Science) - University of Stellenbosch
  • B. Proc (Law) - University of South Africa
  • LL.B. - University of South Africa
  • Certificate of Qualification - National Committee on Accreditation (Canada)

Professional Memberships

  • Law Society of British Columbia
  • Law Society of Yukon
  • Trial Lawyers Association of British Columbia
  • Canadian Bar Association
  • Criminal Lawyers Association
  • Attorney of the High Court of South Africa

Former Positions

  • Treasurer and Secretary of the Law Society of Yukon
  • Vice President of the Whitehorse Rotary Club
  • President of the Whitehorse Chamber of Commerce
  • Member of the Federal Judiciary Advisory Committee for the Yukon

Civil Litigation

Jones v. Duval, 2018 YKSC 33 (CanLII)

Forced sale of property held in joint tenancy

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Conklin Estate v. Sailer, 2011 YKSC 18 (CanLII)

Interference with mining lease – injunction granted

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Bradshaw Estate v. Bank of Montreal, 2008 YKSC 17 (CanLII)

Negligent misrepresentation against bank dismissed

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Minet v. Kossler, 2008 YKCA 12 (CanLII)

Damages for assault-contributory fault

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Sidhu v Canada (Attorney General), 2023 YKSC 33 (CanLII)

Attorney general seeking special or increased costs- allegations of racial animus and malicious prosecution by RCMP- dismissed for most of the proceedings

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Family Law

J.P.R.A. v. L.M.A., 2017 YKSC 67 (CanLII)

Acting as child lawyer for FN child in custody case

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J.A. (Re), 2017 YKTC 7 (CanLII)

Acting as children’s lawyer

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RKK v BMM, 2016 YKSC 59 (CanLII)

Order for appointment of child lawyer granted

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L.M.D. v. R.J.D., 2011 YKSC 70 (CanLII)

Forfeiture of family property on grounds of physical abuse

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Criminal Law

R. v. Y.H., 2019 YKSC 28 (CanLII)

Mandatory minimum sentence declared unconstitutional

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R. v. E.C.C., 2018 YKSC 37 (CanLII)

Sexual assault- 2 brothers- acquitted

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R. v. Zgela, 2017 YKTC 16 (CanLII)

Impaired driving-acquitted

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R. v. Grant, 2014 YKTC 34 (CanLII)

Dangerous driving-acquitted

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R. v. J.B., 2011 YKYC 3 (CanLII)

Sexual assault-acquitted

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R. v. Reeves, 2009 YKTC 25 (CanLII)

Assault with a weapon- acquitted

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R v MTL, 2014 YKSC 74 (CanLII)

Sexual assault-convicted-overturned on appeal and new trial ordered-charges stayed

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R. v. J.C.R.B., 2019 YKSC 11 (CanLII)

Sexual assault on stepdaughter-convicted-overturned on appeal and new trial ordered-mistrial-charges stayed

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R. v. T.J.H., 2020 YKSC 49 (CanLII)

Sexual assault- historical charges-acquitted

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R v J.R., 2021 YKSC 27 (CanLII)

Assault with a weapon and assault-historical charges against grandfather- Convicted- overturned on appeal-assault with a weapon charge dismissed- new trial ordered on assault charge- assault charge stayed

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R. v. Leschart, 2022 YKTC 45 (CanLII)

Uttering threats, unlawful entry, assault, harassment-acquitted on all charges

Read

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