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"ADD" 2008 Obituary


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ADDARIO o@ca.on.york_county.toronto.globe_and_mail 2008-04-09 published
Fierce and forthright judge made practicality and principle his mark
When it came to standing up for precept over ideological fashion, the Ontario Court of Appeal judge had no peer. He could not abide sham or mediocrity, and that attracted a legion of admirers
By Kirk MAKIN, Page S10
Toronto -- There couldn't have been more than a handful of appellate lawyers in Ontario who were unaware that Mr. Justice George FINLAYSON had a low tolerance level for unprepared or long-winded lawyers. Unfortunately, one of them was arguing a complicated commercial case several years ago before the Ontario Court of Appeal's crustiest member.
As the hapless counsel droned on through a hit-and-miss series of legal points, the courtroom began to feel like a village built on the edge of Mount Etna. Finally, Judge FINLAYSON could take no more: "What I'd like to find out is: What should I be doing with my mind while you are talking?" he exploded.
Recounting the scene, a former colleague - Mr. Justice Sydney ROBINS - said it was a classic FINLAYSON moment: "George had a low boiling point. He had little patience with incompetence and unprepared counsel."
Gruff, prickly, impatient - all are words that applied to George FINLAYSON. His testy nature, however, was the product of a man who could not abide sham or mediocrity. When it came to standing up for principle over the ideological fashions of the day, he had no peer - and it built him a legion of admirers during his 12 years on the bench.
Raised in Ottawa, Mr. FINLAYSON graduated from the University of Toronto's law school in 1951 and joined a Toronto powerhouse known as McCarthy and McCarthy. He soon joined the ranks of a handful of legendary litigators who dominated the city's legal scene - men whose names are still uttered with reverence: J.J. Robinette, Walter Williston, John Brooke, Charles Dubin and Douglas Laidlaw. His clients ranged from fraudsters and hockey players to the government of Quebec, which he helped to win a mammoth lawsuit against Newfoundland involving power from Churchill Falls.
"He was noted for his unvarnished advice and fearless advocacy," Mr. ROBINS said.
Appointed to the Court of Appeal in 1990, Judge FINLAYSON brought a keen awareness of the practical effects of court rulings on the practice of law, a remarkable work ethic, and a writing style that was clear and focused.
"A lot of judges might reach the same conclusions but would couch them in more circuitous terms," said Tom HEINTZMAN, a lawyer at Mr. FINLAYSON's former firm. "George had the courage of his convictions, and he was prepared to set them down in an unvarnished way. When there was something he disagreed with, he would stand there like Horatio on the bridge."
A slight and slender man, Mr. FINLAYSON also embraced new technology, had an enormous appetite for work, and appreciated law clerks who were not afraid to edit his writing.
Practicality and principle were the hallmark of his rulings. In one case, he overturned a decision that had found a car-parts company responsible for a highway accident caused by an employee who was secretly drinking on the job. "The notion that an employer&hellip has a duty to monitor its employees to determine if it is safe for them to drive home is novel in the extreme," he said.
He maintained a particularly wary eye for social injustice, excessive damage awards, and judges who imposed unfairly harsh sentences on individuals in the hope of deterring other, would-be criminals.
"My father was a very black-and-white person," said his son, Blair. "Something might not be good law, but it was the law - so don't whine about it. He made up his mind quickly, but he wasn't stubborn. If you gave him a good argument, he had no problem admitting that he had been wrong."
A champion of criminal rights, Judge FINLAYSON was sufficiently pragmatic to allow police to seize hairs from suspects for DNA testing. In a similar realistic vein, he reduced excessive damage awards and spoke out against legal-aid funding being given indiscriminately to the children of wealthy or middle-class parents.
Most notably, however, he helped launch a wave of skepticism about the role of soft science and expert witnesses: from marginal fields.
In a 1997 ruling, he declared that jurors were quite capable of reaching conclusions without the aid of a psychologist, and castigated his fellow judges for abdicating their responsibility to reach conclusions without being propped up by purported experts.
He was particularly irked by the evidence in historical sexual assaults, some of it drawn out by therapists who employed dream theories. "The criminal courts need a new gatekeeper," he railed in one such case. "Parliament and the judiciary have radically eroded the traditional protection available to the accused in sexual assault cases."
Frank ADDARIO, president of the Criminal Lawyers Association, said these sentiments showed Mr. FINLAYSON to be "a judge with strong attachment to the bedrock principles of the criminal law. He liked the adversary system and its closed set of rules, and he continually reminded lawyers about the basic rules of evidence, proof and cross-examination in criminal cases."
But these rulings annoyed prosecutors, whose job it is to deal with victims and assemble evidence. They were equally put off by Judge FINLAYSON's regular declarations that prosecutors must be less keen to secure convictions.
He was equally caustic about lawyers attaching themselves to causes. In 1980, as treasurer of the Law Society of Upper Canada, he urged new lawyers to represent nothing but their client's interest - and to turn no prospective client away.
"You are not obliged, and indeed, you must not, act as a mouthpiece for an individual or his cause," he said. He also scoffed at the idea that some lawyers specialize in "civil rights," calling it a pompous, pious notion that infers that other lawyers are unconcerned about freedom and liberty.
He was from the old school of mentoring, Mr. HEINTZMAN said. "He wasn't about to mollycoddle anyone. We might be chewed out, but those who stuck it out learned lessons we never forgot."
In his life outside the courtroom, Mr. FINLAYSON loved spending time at the family cottage near Peterborough, Ontario Clad in eccentric recreational outfits, he was widely known to be far from expert at the helm of his sizable motorboat. "Stories are legion of him crashing it into docks," Mr. HEINTZMAN said. Indeed, there were few takers whenever he offered rides, and several neighbours had implored Mr. FINLAYSON never to approach their dock.
Mr. FINLAYSON also had a passion for the Toronto Blue Jays, the Ottawa Rough Riders, his dogs, and the company of a select group of male Friends with whom he exchanged legal gossip and spirited debate.
He was a decided family man, albeit not an overly demonstrative one. "If you did a great job on something, my father's way of showing love and affection was to give you a firm handshake and a pat on the back," said Blair, who went on to take up electrical engineering and to run his own company.
A watershed point in Mr. FINLAYSON's career occurred in 1989, when an article in Canadian Lawyer magazine ranked him among the worst judges in the country on account of his temper, irascibility and a tendency to prejudge matters.
Based on a handful of anonymous critics, the ranking was far from scientific. Still, some Friends detected a change. The judge tried to curb his in-court sniping. A moderate drinker, he quit cold turkey.
Another important personal event occurred in 2004 when he published John J. Robinette, Peerless Mentor: An Appreciation, an unusual hybrid that was part memoir and part biography.
He believed fervently that the best decisions are written almost immediately, when legal arguments are fresh in a judge's mind and his reactions to them crackle with energy. He would invariably return to his chambers from the courtroom and set about writing his ruling, often polishing off the bulk of it in two or three hours.
His son said this technique had the added virtue of giving him a jump on everyone else: "He could get his slant in on it."
Mr. FINLAYSON, who retired in 2002, probably summed up his philosophy best in an interview several years ago: "My whole approach is to be a problem solver. I don't have an agenda. I don't favour the Charter or adopt a conservative approach. I don't favour the Crown or the defence. I just look at every case as something that has to be dealt with properly."
George Duncan FINLAYSON was born in Winnipeg on November 4, 1927. He died in Toronto of a heart attack on March 23, 2008, while out walking his dog. He was 80. He is survived by his wife, Joan, and by his children Margot, Blair and Sheelah. He also leaves his grandchildren Cameron, Ben, Riley, Josh, Fraser and Geordie.

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ADDIE o@ca.on.middlesex_county.london.london_free_press 2008-02-15 published
ADDIE, Doctor Robert " Bob," PhD Eng.
(January 02, 1930-February 13, 2008)
It is with heavy hearts that we share the news of the death of Robert "Bob" ADDIE; a kind-hearted, gentle man and a devoted husband, father, papa, brother, son, and friend. For 53 years he and his wife Margo were best Friends and partners. Together they made many personal sacrifices to give their three children, Linda, Mark, and Craig, the best opportunities for a successful life. Born in Buckhaven, Fife, Scotland, as a young man, Bob helped run the family butcher shop before following his desire to further his education and pursue a career as a professional engineer and teacher. Described as a gifted student, at the age of 19, Bob graduated his Mechanical engineering degree (with honours) from the Dundee College of Technology, followed by his teaching certificate from Edinburgh Moray House College. He finished his Masters (with honours) at the University of Strathclyde in Glasgow; and next completed his Professional Engineers designation. Bob attended Althouse College here in London and finally in 1978 achieved his PhD in Engineering after studying at the University of Western Ontario wind tunnel. He was modest about his academic accomplishments. Teaching maths and science was Bob's absolute pleasure and he enjoyed his students immensely. He taught high school level in both Scotland and Canada for nearly twenty years before joining the Maths Department at Fanshawe College where he taught until 1991. In retirement, he enjoyed travelling and spending time with his 'little ones' who he loved dearly. He was 'Papa' to five grandchildren: Chloe, Caleb, Liam, Amanda, and the newest arrival, Mitchell, who sadly, he never had a chance to meet. Bob was welcoming and warm-hearted with his extended family members; (Linda's) Bill Theo and his family (London area) (Mark's) Teri and the Brunet family (Hearst, Ontario), (Chloe's Mummy) Deanna, the Steele and Becevel families (N. Falls), (Craig's) Tiffany and the Boe family (Saint Thomas). Bob is remembered as an intelligent, thoughtful, and well-mannered man by those he taught, those he studied and worked with, as well as those he befriended in his 78 years. Friends may visit the family at A. Millard George Funeral Home 60 Ridout Street south from 1: 30 to 4: 30 on Monday, February 18, 2008. Bob's wife and children will be holding a private service following the visitation. It was Bob's wish that in lieu of flowers, memorial donations be made to a Cancer Foundation of your choice. The family would also like to offer the option of making donations to the Endowed Care of the Elderly Research Fellowship, Saint_Joseph's Health Care Foundation, Parkwood Hospital London (519)…646-6085. On-line condolences can be made at www.amgeorgefh.on.ca

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ADDIS o@ca.on.middlesex_county.london.london_free_press 2008-04-26 published
ADDIS, Herb (1927-2003)
In loving memory of Herb ADDIS. Remembering you is easy, We do it everyday, Missing you is a heartache, That never goes away. You had a smile for everyone, You had a heart of gold, You left the sweetest memories, This world could every hold. To us you were so special, What more is there to say, Except to wish with all our hearts, That you were here today. Much loved and sadly missed. Wife Jean, children Danny, Jean-Anne, Herb and wife Donna. Grandchildren and Great-grandchildren.

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ADDIS o@ca.on.middlesex_county.london.london_free_press 2008-07-09 published
TURPIN, Norma Marion
Peacefully at Chez Nous Lodge in Stoney Point, on July 7th, 2008, Mrs. Norma Marion TURPIN of London in her 90th year. Beloved wife of the late Fred TURPIN. Loving mother of Marilyn and her husband John MAHONEY, Gary and his wife Cecilia of Edmonton, and Lorraine and her husband Daniel FERGUSON. Dear grandmother of Susan (Steve BYRNE), Bob MAHONEY (Heather), Jim TURPIN (Ce Ce), Tim TURPIN (Bonnie), Shaun TURPIN (Jenn), and Carrie ADDIS. She will be sadly missed by 11 great-grandchildren. Words cannot express our thanks to Susan, Steve, Jimmy and Ce Ce for the help and compassion shown to grandma during her illness and time in Stoney Point. Visitation in the Lloyd R. Needham Funeral Chapel (520 Dundas Street, London) on Thursday 7-9 p.m. where the funeral service will be conducted on Friday, July 11th, 2008 at 1: 00 p.m. Interment to follow at Woodland Cemetery. In memory of Norma, contributions to the Diabetes Association, the London Regional Cancer Center, or the Heart and Stroke Foundation would be greatly appreciated.

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ADDISON o@ca.on.grey_county.owen_sound.the_sun_times 2008-04-26 published
BAKER, Patricia Anne “Pat” (née LOW/LOWE/LOUGH)
At the Meaford Long Term Care Centre on Thursday, April 18, 2008 at the age of 71. Pat BAKER, beloved wife of Vernon Rayne BAKER of Meaford. The former Patricia LOW/LOWE/LOUGH, daughter of the late Doris (née TEFFT) and Slywyn LOW/LOWE/LOUGH. Loved mother of Michael ADDISON and his wife Linda of Lethbridge, Alberta; Theresa ALLEN and her husband Derek of Brampton; and Laura ADDISON of London. Sadly missed by her six grandchildren: Felicity, Allison, Adam, Sean, Sierra and Eli. Dear sister of Ronald LOW/LOWE/LOUGH of Oshawa, and Barbara SHORTIS of Markham. Fondly remembered by her step-children Susan ARNAUD of Brampton, Carol Anne BAKER and Janet MARMMOLITI, both of Richmond Hill, and Linda BAKER of Vancouver, and by their children and families. Sister-in-law of Ernie (Agnes) BAKER, Neil (Louise) BAKER, Vi BARDEAU, and Dorothy WYLDES all of Meaford and Harold (Joyce) BAKER of London. Also remembered by several nieces and nephews and their families. A memorial funeral service, officiated by Reverend Gary PARKER, will be conducted at the Ferguson Funeral Home, 48 Boucher St. E., in Meaford on Monday, April 28, 2008 at 11 a.m. with committal and interment of Pat's ashes following at Lakeview Cemetery. As your expression of sympathy, donations to the Alzheimer Society, Canadian Cancer Society, Heart and Stoke Foundation or a charity of your choice would be appreciated.

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ADDISON o@ca.on.middlesex_county.london.london_free_press 2008-02-28 published
CLARK, Carol (née BROAD)
Was lovingly welcomed into the arms of God and met by her husband Jerry (1997) and infant son Michael (1960) on Tuesday, February 26, 2008. Remembered for her strength and courage by her daughters Kathy and Rob WINLAW (Woodstock,) Brenda and George HERRON (Brantford,) Sandra and Thomas CORBETT (Beachville,) Kelly and Matthew EMERY (London) and Cheryl CLARK and Lewis SKINNER (Ingersoll.) A great inspiration to her grandchildren: Adam, Jess and Anna, Amy and Craig, Amanda and Joe, Aarika, Robbie, Katie, Brody and Mandy, Tara, Ashley, Scott, Bryan, Lauren, Jimmy, Kevin and Eddie. Baby sister to Donald BROAD and Mildred ADDISON and sister-in-law to Audrey BROAD, Ruth GEORGE and Earl CLARK. She shared many laughs, enjoyed many games, and made many memories with Friends, relatives and neighbours. Cremation has taken place. Friends will be received at the McBeath-Dynes Funeral Home, 246 Thames St. S., Ingersoll (519-425-1600) Friday 2-4 and 7-9 p.m. where a memorial service will be held on Saturday, March 1, 2008 at 2: 00 p.m. Rev. Megan COLLINS- MOORE officiating. Memorial donations to London Health Sciences Centre Nuclear Medicine or Multiple Sclerois Society would be appreciated.

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ADDISON o@ca.on.middlesex_county.london.london_free_press 2008-04-09 published
OAKLEY, James Robert
Peacefully, at the London Health Sciences Centre Victoria Hospital, Mr. James Robert OAKLEY on April 7, 2008. Dear wife of Colleen George. Loving father of Jay, Carissa of London and Quinn of Nanaimo, British Columbia. Will be sadly missed by grandchildren Jade, Paige and Cole. Loving father-in-law to Christie BOURER. Predeceased by parents Mary Anges and Robert James OAKLEY and brother George Edward Patrick OAKLEY. Survived by his sisters Marie REYNOLDS (Jim), Bernadette OAKLEY, Nadine HUMPHREY (John), Anne OAKLEY, Angela ADDISON and his brothers Louie OAKLEY (Karen) and Mark OAKLEY (Tracy) and several nieces and nephews. Friends will be received on Thursday, April 10 from 7-9 p.m. at Forest Lawn Memorial Chapel, 1997 Dundas Street East (at Wavell). Funeral Service will be held in the chapel on Friday, April 11 at 11 a.m. Cremation to follow. Memorial donations to charity of choice would be greatly appreciated.

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ADDISON o@ca.on.middlesex_county.london.london_free_press 2008-05-01 published
ADDISON, John
Peacefully, on April 24, 2008 at Victoria Hospital, in his 61st year. Will be missed by his loving sister Thelma and predeceased by his sister Annie. Dear uncle to Anne, Cathy, Maureen (Donny), Ron (Mary) and Jeff (Julie). Great uncle to 13 nieces and nephews. A graveside service will be held on Saturday, May 3, 2008 at Mount Pleasant Cemetery at 10 a.m. Arrangements entrusted to Memorial Funeral Home. Donations may be made to Parkwood Hospital, in memory of John.

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ADDY o@ca.on.middlesex_county.london.london_free_press 2008-04-02 published
LA RUE, Gary Wilson
Suddenly on Saturday, March 29, 2008 in London at the age of 56 Gary leaves behind his Loving Wife of 23 yrs Rosemary, daughters Lisa LA RUE, Elizabeth (Rob) MORTELE of Blenheim and Jill (Duane) ADDY of Chatham, his son and buddy Todd (Chantal) FOSTER of London and other daughter Samantha (Dave) GODARD of Winnipeg. Grand-daughters Alyssa and Kirsten LA RUE, Faith and Paige MORTELE, Stephanie GODARD. Grandsons Ty FOSTER and Jake ADDY and surrogate daughter Denise KELLY and grand-daughter Madison. He also leaves to mourn, his sisters Barbara McINTYRE, Jacquie GILES, Gail (Bill) MILLER, his brother Richard and special sister-in-law Linda LA RUE and step-brother Doug BELL, all of the Chatham area. He will be sadly missed by his father-in-law George GROINUS of Winnipeg, brother-in-law Ed (Iris) GROINUS, Lorette, Manitoba, sisters-in-law Liz (Lado) CHONGVA and Clara (Frank) CHONGVA of Dugald, Manitoba, Marie (Gene) MUDRY of Edmonton, Alberta, Grace PAGE (Henry BON) of Winnipeg, as well as many nieces and nephews and his many close Friends and golfing buddies. Words Gary lived by were "Live life to the fullest, you only live once!" He was especially proud of his Children and Grandchildren. He was predeceased by his father Adrian LARUE, his loving mother Grace (WILSON) BELL and step-father James T. BELL. Born in Chatham, and previously a resident of Sarnia, Mississauga and Cambridge. Donations may be made to The Heart and Stroke Foundation, The Diabetes Association or The Lung Association. Cremation has taken place with D.J. Robb Funeral Home in Sarnia. A memorial service will be held in London at The Community of Christ Church, 1550 Brydges Street, London, Ontario on Friday April 4th, 2008 at 11 a.m.

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