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"MAK" 2007 Obituary


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MAK o@ca.on.york_county.toronto.globe_and_mail 2007-09-26 published
Audrey CAMPBELL, 90 Philanthropist
Newspaper magnate's daughter left own legacy in health care, racing
By Sandra MARTIN, Page S8
A horse breeder, a philanthropist and a nurturer of family and Friends, Audrey CAMPBELL was the last surviving child of newspaper magnate Roy THOMPSON/THOMSON/TOMPSON/TOMSON. Together with her three daughters, she gave $25-million to establish the Campbell Family Institute for Breast Cancer Research at Princess Margaret Hospital in Toronto. The gift "really was transformational because it was the largest private donation for breast cancer at that point and also because it helped to support the work of Doctor Tak MAK… and allowed him to grow his team and his research organization," said Paul ALOFS, president of the Princess Margaret Hospital Foundation, referring to the renowned cancer researcher.
Mrs. CAMPBELL's younger brother, Ken THOMPSON/THOMSON/TOMPSON/TOMSON, celebrated her generosity with a public tribute.
"From the time of my first memories, I have looked up to Audrey as my big sister, the person who, along with my parents, looked after me and always had my best interests at heart," he said. "She prefers a low profile and I'm sure all this recognition embarrasses her… [but] she has made me proud of her again."
Phyllis Audrey THOMPSON/THOMSON/TOMPSON/TOMSON was born in Toronto on July 6, 1917, the eldest child of Roy and Edna (IRVINE) THOMPSON/THOMSON/TOMPSON/TOMSON. Her sister Irma (later BRYDSON) was born in 1918 (died 1966,) and her brother Kenneth in 1923 (obituary June 13, 2006).
Audrey's early years were far from luxurious - her father, the son of a barber, struggled to make enough money for food and rent. The THOMSONs moved to Ottawa in 1925, when she was 8, and to North Bay three years later. Her father worked as a travelling salesman before he paid $1 for a broadcasting licence, bought a 50-watt transmitter on three months credit and started his first radio station, CFCH, in North Bay. Soon, he also bought radio station CKGB in Timmins and then moved into print by acquiring the Timmins Daily Press in 1934.
Three years later, the family moved back to Toronto. Audrey, now 20, attended the University of Toronto and earned a bachelor of arts degree. After the Second World War, she met Queen's University engineering graduate Elwood CAMPBELL, later a high-school math and physics teacher. They married in 1947 and bought a three-bedroom bungalow in Port Credit, where they raised their three daughters, Linda, Gaye and Susan.
Despite her father's immense wealth from his North American and European newspaper interests and his stake in North Sea oil and gas, Mrs. CAMPBELL lived a quiet suburban life, immersed in family and her daughters' activities. While she attended meetings of Woodbridge, the family holding company, she was not involved in the running of the Thomson corporate empire. "I may have inherited my father's title and had many benefits conferred upon me in the business and social world, but Audrey is mind, heart and head of the family," Ken THOMPSON/THOMSON/TOMPSON/TOMSON said of his older sister in Mrs. CAMPBELL's two younger daughters were interested in riding ponies, which triggered her own interest in standardbred horses. She and her husband started small in the early 1970s, with a part ownership in a single animal. She found early success with horses Armbro Dallas and Arcane Hanover and eventually established the Lothlorien Equestrian Centre in Cheltenham, Ontario, an offshoot of her daughter Susan's own stable of hunters and jumpers called Lothlorien Farms. "Lothlorien" is the name of a forest in J.R.R. Tolkien's fictional Middle-earth.
Breeding and racing horses became an enduring passion for Mrs. CAMPBELL, who eventually had a stable of more than a dozen horses. In 2002, Red River Hanover, which she partly owned, won the $1.5-million prize for harness racing in Toronto. Three years later, Rocknroll Hanover won the Breeders Crown Race at New Jersey's Meadowlands Racetrack.
In 2004, Mrs. CAMPBELL and her daughters decided to invest in health care in a focused way, rather than just making a general donation to the system. They researched where their money might have the most impact and decided to support the work of Doctor MAK because they realized that his work on cancer cells would have far-reaching consequences in breast cancer, but other types of malignancies as well.
Phyllis Audrey CAMPBELL was born in Toronto on July 6, 1917. She died of metastasized melanoma in Toronto Western Hospital on September 23, 2007. She was 90. Predeceased by her husband, Elwood, she leaves her three daughters, 10 grandchildren, eight great-grandchildren and extended family.

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MAKIN o@ca.on.york_county.toronto.globe_and_mail 2007-06-21 published
Judge sensed the horror of wrongful conviction and freed Guy Paul Morin
By Kirk MAKIN, Page S8
Toronto -- As 21 judges of the Ontario Court of Appeal ascended the stage at a recent gala dinner to sing a humorous tribute to retiring Chief Justice Roy McMURTRY, a hush fell suddenly over the crowd of 1,600.
Moving slowly amongst his attentive brethren, visibly wobbly and disoriented, was the familiar figure of Mr. Justice Marvin CATZMAN. Well into a battle with lung cancer, Judge CATZMAN had left his sick bed to honour his chief justice. No one was struck more by this unexpected, bittersweet glimpse of the Court of Appeal's most senior judge than Chief Justice McMURTRY himself.
"One of the highlights of that dinner was Marv being there and getting up and singing," he recalled. "I feel like I've lost a very special friend. Everybody in the court feels that way."
Judge CATZMAN was a stalwart fixture on an extraordinarily strong bench, one from which a dozen of judges could potentially be elevated to the Supreme Court of Canada without drawing a serious ripple of dissent.
A man with the calming instincts of a mediator, Judge CATZMAN's deft sense of humour and his ability to make others feel that their opinions mattered deeply had long since made him a favourite on the court.
"His manner was unfailingly polite and courteous," Mr. Justice Michael Moldaver said. "Not once did I ever see him lose his temper. Not once did I ever see him treat anyone with disrespect." He said Judge CATZMAN was a confidante and a mentor whose wealth of knowledge and wisdom attracted a steady stream of judicial colleagues to his office.
"If you had a difficult issue, he was the guy to go to," Mr. McMURTRY agreed. "He was a constant source of advice."
Raised in Toronto, he was the son of Fred CATZMAN, a prominent city lawyer. While sociology was what initially attracted him to the University of Toronto -- he obtained his undergraduate degree in 1959 -- Judge CATZMAN went on to acquire a law degree immediately afterward at U of T's famed law school.
Following in the footsteps of his father, he was called to the bar in 1965. He began practising at a firm founded by his father and uncle -- Catzman and Wahl -- until his 1981 appointment to the Supreme Court of Ontario.
As a trial lawyer, his highest-profile case was one in which a young psychic, Rita Burns, unsuccessfully sued multi-millionaire Peter Pocklington for not compensating her for advice that she claimed had made him a fortune.
On the Court of Appeal, Judge CATZMAN wrote or signed onto judgments in numerous high profile or important cases, including ones in which the court:
Upheld an unprecedented $1.6-million damages award to an Ontario government lawyer who had sued the Church of Scientology for libel
Struck down a law that made it a crime to possess marijuana for medical purposes
Upheld a law permitting parents to use "reasonable force" to correct their children's behaviour
Ended the custom of opening local municipal council meetings with the Lord's Prayer
Permitted Gordon Folland, a man who was exonerated in a rape conviction, to sue his defence lawyer for negligence after alleging that he had spent three years in prison because his lawyer failed to order DNA testing on underwear, found at the crime scene, that would have pointed toward another man as the assailant
Overturned the acquittal of Erika Kubassek, a woman who attempted to disrupt a same-sex marriage ceremony, after she claimed she had received a message from God instructing her to shove Rev. Brent Hawkes, pastor of Toronto's Metropolitan Community Church. "She chose to deliver a message that she knew would fall on unreceptive ears," Judge CATZMAN wrote.
While he authored his share of criminal law rulings, they were not Judge CATZMAN's forte, Judge Moldaver said. "I know Marvy will forgive me for this, but whenever he was sitting on criminal cases, he would run into my office on a regular basis and say: 'Mikey, I keep running across this thing called 'reasonable doubt.' Can you tell me what it is?' "
However, that didn't prevent Judge CATZMAN from maintaining a deep sensitivity to the horror of a wrongful conviction. This was never as evident as in February, 1993, when he granted bail to convicted killer Guy Paul Morin, who would later be exonerated in the murder of his nine-year-old next-door neighbour, Christine Jessop.
Coming at a time when there was still a great deal of public skepticism about whether wrongful convictions truly occurred, the decision made Mr. Morin just the second Canadian convicted of first-degree murder to be freed on bail.
In recent years, Judge CATZMAN's seniority on the Court of Appeal gave him the right to speak last whenever an appeal panel gathered to discuss an upcoming ruling.
"I never saw Marvy try to bully anybody into a position," Judge Moldaver said. "Any conference he mediated was filled with reason and common sense. At the bottom of it all, he felt that a good, strong, healthy dissent was a way of advancing the law, and of getting the Supreme Court of Canada to look at it."
A sublime writer who was viewed by many of his colleagues as being the dean of judgment-writers, Judge CATZMAN felt litigants were owed a ruling that was both readable and legally concise. He put whatever time was required into crafting his rulings and preparing for court.
"He had the ability to convert even the most complicated legal issues into common sense," said his daughter, Julie, herself a recent University of Toronto law graduate.
"No one came into court more thoroughly prepared," Judge Moldaver said. "No one had a better command of the record. And this didn't come about by chance. It came about by his hard work, his dedication, his passionate love of the law and the joy he derived, every day, from performing his judicial duties and bringing justice to all who had the good fortune to appear before him."
Indeed, lawyer Steve Posen, a close friend who got married, recalled that Judge CATZMAN and his wife Lynn showed up in separate cars on the wedding day "so that he could read his papers for a trial the next day."
Judge CATZMAN was known for employing his droll sense of humour to persuade others to adopt his reverence for study and craftsmanship. Judge Moldaver recalled once sending a draft of a judgment to Judge CATZMAN to see whether it captured their shared view of the case.
It arrived back with a note that said: "Mikey, I have read this. It is terrible. Tears of laughter streamed down my face until it hit me that you were serious about it, and not kidding. I asked your secretary to take my name off the panel, but she insisted that all three judges have to be listed. So, I pleaded with her to substitute for my name the name of some long-gone judge, but she said she would have to ask you about it.
"If, contrary to all reason, you decide to release this piece of judicial drivel on an unsuspecting legal audience, would you at least consider the brilliant suggestions I have made at pages 2, 3, 4, 6, 7, 8, 9, 10, 13, 14, 15, 18 and 19?
"Love and hugs, Marv."
Judge Moldaver also recalled occasions in the courtroom where he sat back, preening himself after aiming what he felt was a particularly incisive question at a lawyer. "I would look over to Marv, and there, on his computer screen in big, bold, block letters, was a message which usually went something like this: 'If you would keep your big mouth shut, we might get out of here by 4: 30.'
"This was Marv's gentle, if not to subtle, way of chiding me for being a smart aleck in the courtroom."
Judge CATZMAN had his idiosyncrasies. Mr. Posen recalled that growing up in downtown Toronto, he and Judge CATZMAN would regularly attend a local cinema to watch movies that were known to be awful, solely for the purpose of wisecracking about their flaws.
He also harboured a deep emotional attachment to a specially designed desk which, according to Judge Moldaver, required a dozen steroid-enhanced movers to manoeuvre. "It made the Queen Mary look like a tug boat," he said. "I used to tell Marv that if he put it on wheels, it would double as a mobile home."
In 2000, Judge CATZMAN added to his notoriety with a satirical masterpiece of reverse logic that he wrote for the Advocates' Society Journal. Titled "The Wrong Stuff: How to Lose Appeals in the Court of Appeal," it advised lawyers on a multitude of ways to punch holes in their own ships.
"Judges are people, too," Judge CATZMAN wrote. "They don't like dry, boring legal arguments. They hunger for something to enliven their day. Help meet this judicial need by making at least one passionate speech to the jury every time you appear before an appellate court. Invite your client and her entire family to observe your performance. Instruct them carefully how to nod enthusiastically, whistle and cheer in support of your submission.
"Overstate your case. Excoriate the opposing counsel. Pound the desk. Sprinkle your argument with phrases such as: 'travesty of justice,' 'abuse of process' and 'wisdom of Solomon.' (This last phrase should be addressed, with a sly wink, to whichever judge you think has been least receptive to your submission.)"
When a member of an appeal panel asks a question, Judge CATZMAN advised, lawyers should make fun of it. "Cast at the judges who didn't ask the question a knowing look that says: 'I really feel for you two. It must be tough to sit up there, day after day, and listen to all these ridiculous questions.'
"Then, glance condescendingly at the judge who did ask the question, blurt out the first thing that comes into your mind, and move on quickly before he think of something else to ask you."
A staunch family man, Judge CATZMAN organized annual road trips to Florida and the Stratford Festival. He presided over a weekly family dinner, and usually telephoned his children one or more times a day simply to chat. He also liked to invent excuses to drop in and play with his grand_son, Darryn.
The family remained inseparable through his illness, camping out at the hospital where Judge CATZMAN received his cancer treatment. "He never once complained or felt sorry for himself," Julie CATZMAN said.
Indeed, Judge CATZMAN would retreat into self-contained silence to regroup following each grim prognosis, emerging 24 hours later in good humour. Several months ago, given a brief reprieve by his doctor, he delightedly returned to the Court of Appeal for a week in which he heard several cases alongside two close Friends, Mr. Justice James MacPherson and Madam Justice Eileen Gillese.
A camp instructor, swimmer and squash player in his youth, Judge CATZMAN grew to have little interest in participatory sports. However, he always maintained an abiding passion for his favourite baseball team -- the Toronto Blue Jays.
His son David recalled sitting with his over-excited father at the sixth game of the 1993 World Series, when Joe Carter strode to the plate for what would become the most famous at-bat in Blue Jay history.
"Hey, Davy, wouldn't it be great if he hit a home crack?" Judge CATZMAN said. A couple of pitches later, as the ball soared over the left-field fence, he kept yelping: "Davy, where'd it go? Where'd it go?"
Among Judge CATZMAN's most notable rulings was a 1993 decision to grant bail to Guy Paul Morin, describing the case as unique.
This week, Mr. Morin broke a personal embargo on media interviews to praise someone who had ventured far out on a limb for him: "He was a judge who saw above the rest, and was the turning point in my life," he said.
"When I was in Mr. CATZMAN's courtroom, I felt there was something special about this judge. I felt hope for a change. He granted me bail and freed me from the nightmares of Kingston Penitentiary. He was not just a great judge with a just decision, but a wonderful human being. Thank you again, Mr. CATZMAN."
Marvin Adrian CATZMAN was born in Toronto on September 1, 1938. He died of lung cancer in Toronto on June 14. He was 68, and a lifetime non-smoker. He is survived by his wife Lynn and children Penny, Julie and David.

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MAKIN o@ca.on.york_county.toronto.globe_and_mail 2007-11-26 published
Judge breathed creative life into the Charter
'His judgments reflected a belief that judges were, above all, independent, principled guardians of the Constitution'
By Kirk MAKIN, Justice Reporter, Page S10
Former chief justice Antonio LAMER - one of the longest-serving and most influential judges in Canadian history - died Saturday, several weeks after recurring heart trouble and failing health forced him into an Ottawa hospital.
Appointed to the Supreme Court of Canada in 1980, Mr. LAMER, 74, spent his 20 years on the court consolidating his reputation as a renowned law reformer who was determined to breathe creative life into the Charter of Rights and Freedoms.
When he retired in 2000 - after being chief justice for a decade - Mr. LAMER was more closely identified with the protection of the rights of the accused than any judge in the country.
"I think Canada should be very grateful for the fact that it had a criminal expert with his vision on the court at the time the Charter was enacted," Queen's University law professor Don STEWARD/STEWART/STUART said in an interview yesterday.
"He was not just an expert, but a very imaginative judge whose judgments made a significant contribution to the development of criminal law under the Charter."
Mr. Justice James MacPHERSON of the Ontario Court of Appeal said that Mr. LAMER had an enormous thirst for Charter interpretation and soon became the court's most prolific writer and influential thinker.
"He was a very energetic, intellectual and friendly man, and a terrific colleague who was always willing to shoulder extra work," said Judge MacPHERSON, who served as the Supreme Court's executive legal officer in the early 1980s.
A famed Montreal criminal lawyer who acted in numerous sensational trials, Mr. LAMER also served as chairman of the Law Reform Commission of Canada at its height in the late 1970s.
"He was a great civil libertarian," Criminal Lawyers Association president Frank ADDARIO said. "His judgments reflected a belief that judges were, above all, independent, principled guardians of the Constitution. He was unafraid to disappoint the government or the police. He made a great contribution to modernizing criminal law."
Mr. LAMER was one of a troika of judges in the mid-1980s who - alongside Chief Justice Brian Dickson and Madam Justice Bertha Wilson - came to be identified with a willingness to strike down legislation and reform controversial areas of law.
In particular, Mr. LAMER was instrumental in interpreting the moral culpability involved in certain crimes, the right to legal counsel and the right to be free of improper search and seizure.
However, his track record also transformed him into something of a judicial lightning rod when a conservative backlash against the Charter began to take root in the 1990s. Mr. LAMER was stung by criticisms from the right, and went so far at one point as to urge his fellow judges to strike back and defend their role.
"He has often been falsely tagged as being unremittingly pro-accused," Prof. STEWARD/STEWART/STUART said yesterday. "A fair look at his record shows that he also not infrequently favoured the state's law-enforcement interests."
During his time as chief justice, the Supreme Court bench was staggered by illness and strong-minded individualists who frequently wrote their own concurring or dissenting reasons for judgment. Yet Mr. LAMER managed to forge a strong record for administrative efficiency. He was proud of having eliminated the court's backlog and issuing timely judgments.
Mr. LAMER worked at the law firm Stikeman Elliott until shortly before his death. Last year, he produced a major inquiry report on three wrongful murder convictions in Newfoundland.
He was also an independent commissioner of the Communications Security Establishment, the national code-breaking agency.
Antonio LAMER was born in Montreal on July 8, 1933, and died in Ottawa on November 24, 2007, of a cardiac illness. He was 74. He leaves his wife, Danièle TREMBLAY, son Stéphane and stepchildren Jean-Frédéric and Mélanie.
Some of the key rulings in which Mr. LAMER authored the majority decision
R v. Collins The decision set important legal tests for the exclusion of evidence illegally obtained by police.
R v. Swain The court struck down the automatic detention of those acquitted of crimes on grounds of insanity.
R v. Smith The ruling struck down a mandatory minimum prison sentence of seven years for those convicted of importing marijuana.
Reference re. S. 94(2) of the British Columbia Motor Vehicle Act The court said that when looking for violations of the right to life, liberty and security of the person, judges could look beyond the fairness of mere procedures and decide whether the actual substance of a law was fair.
R v. Vaillancourt A constructive murder provision was struck down because the accused man - whose accomplice in a robbery had killed a bystander - did not have the requisite "guilty mind" to be found guilty of murder.
R v. Bartle One of several cases where he played a central role in carving out a broad right to legal counsel.
R v. O'Connor The defence was given a right to see records involving what a sexual-assault complainant told her therapist.
Delgamuukw The court had previously viewed aboriginal rights as frozen based on their status when Europeans arrived in Canada. It granted broad rights to aboriginal title on disputed lands.

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MAKINSON o@ca.on.york_county.toronto.globe_and_mail 2007-07-09 published
BESWICK, Frank,
Proudly served with the Royal New Zealand Air Force during World War 2. Peacefully at the Helen Henderson Care Centre, Amherstview, on Friday, July 6, 2007. Frank BESWICK, in his 87th year, beloved husband of Alice Elmslie (née MAKINSON,) who predeceased him in April. Dear father of Jan FOY and her husband Richard of Cloyne, and the late Bill BESWICK. Fondly remembered by his daughter-in-law, Connie BESWICK of Manotick, grandchildren Lisa and Heather FOY and Bill BESWICK. Survived by brother Bill BESWICK, his daughter Errol and her family, all of Australia. Loving uncle to Alan CALDWELL of Gananoque, Julie, Jill, Bob and Peter and their families. In keeping with Frank's wishes, cremation will be immediate. A memorial service will be held in the chapel of the James Reid Funeral Home (1900 John Counter Boulevard), Kingston, on Tuesday, July 10 at 2: 00 p.m. The family will receive Friends prior to the service from 12 noon until 1: 45 p.m., and in the James Reid Reception Centre immediately following the service. As an expression of sympathy, donations may be made to The Parkinson Foundation or Helen Henderson Residents Charitable Council, in Mr. BESWICK's memory. (Donations by cheque only please).

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MAKKREEL o@ca.on.york_county.toronto.globe_and_mail 2007-06-06 published
NEILL, Norah Louise (née HICKS)
Norah died Monday, June 4, 2007, at Joseph Brant Memorial Hospital, Burlington, Ontario. Born at Toronto on June 4, 1919, she was the daughter of Frank and Mary (HOGG) HICKS. She is survived by her three sons, Andrew of Fortaleza, Brazil, Eric of Yucaipa, California and Graham of Fredericton, New Brunswick and daughter Deborah MAKKREEL of Burlington, Ontario. She is also survived by nine grandchildren and three great-grandchildren. Norah spent many happy times during her youth in the town of Perth, Ontario, where she had relatives and Friends. She met her future husband Malcolm NEILL when they were both employed by the Canadian Broadcasting Corporation in Toronto just before the outbreak of World War 2. They were married on October 28th, 1939 and lived in Toronto until 1945. Their first child, Andrew, was born in that city on May 2nd, 1942. Norah moved with her husband to his hometown of Fredericton, New Brunswick in 1945 when he was beckoned by his father, J. Stewart NEILL, to assume management of Radio Station CFNB, which had been founded by the elder NEILL in 1923. Norah and Malcolm lived in Fredericton until 1995, when they moved to Burlington, Ontario to be close to their daughter, Debby, and her family. Debby was born in Fredericton in 1950, as were her brothers Eric (1947) and Graham (1953.) Norah NEILL was very well known and admired as a witty and provocative conversationalist who was never afraid to be controversial. She was also extraordinarily sentimental; she treasured her many, many Friends, and was the most prolific letter-writer many of us have ever known. She remembered everything about the people she knew, and made it a point to send cards and letters on their special days. She was a surprisingly reluctant but masterful cook who excelled at entertaining. She demanded a great deal of herself, and met those lofty standards with energy to spare. Those who knew Norah well will fondly recall that she was an exceedingly generous and empathetic person who quietly but tirelessly helped others less fortunate than she. She was on the board of Victoria Public Hospital in Fredericton for many years, and volunteered at the hospital shop. One of her greatest passions was interior decorating, and she was highly skilled in this area of endeavor. She could, in fact, have had a noteworthy career in that field had she chosen to do so. A world traveler with a fascination for history and art, Norah never stopped learning, and was as curious and outspoken at the end of her life as she had ever been. Norah was a treasure, and she will be terribly missed by everyone who was fortunate enough to know her. Service of Remembrance will be held at St. Luke's Anglican Church, 1371 Elgin Street, Burlington on Friday, June 8, 2007 at 2 p.m. A Service will also be held at Christ Church Cathedral, Fredericton, New Brunswick on Monday, June 11, 2007 at 2 p.m. If desired, expressions of sympathy to the Carpenter Hospice, 2250 Parkway Drive, Burlington, Ontario, Canada, L7P 1T1, and also to Habitat for Humanity Canada, 40 Albert Street, Waterloo, Ontario, N2L 3S2. Arrangements entrusted to Smith's Funeral Home, Burlington, 905-632-3333. www.smithsfh.com

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