600 THE ADVOCATE
VOL. 78 PART 4 JULY 2020
the Swiftsure International Yacht Race 26 times.10 He also enjoyed skiing
and frequently went skiing at Whistler Friday after work, and then straight
to trial the following week. Tom lost Anne to cancer in 2001 after a long and
wonderful marriage, and he subsequently married Phyllis, with whom he
shared his nautical and other adventures.
In September 2019, Tom was diagnosed with stage 4 lung cancer, which
slowly got the better of him. He died at age 89 at home, on a date of his own
choosing on the Easter weekend, surrounded by Phyllis and family, reading
Tom was adored by so many that—particularly in this time of social distancing—
it is fitting to remember the lines of John Donne:
No man is an island,
Entire of itself.
Each is a piece of the continent,
A part of the main.
If a clod be washed away by the sea,
Europe is the less.
As well as if a promontory were.
As well as if a manor of thine own
Or of thine friend’s were.
Each man’s death diminishes me,
For I am involved in mankind.
Therefore, send not to know
For whom the bell tolls,
It tolls for thee.
Christopher Harvey, Q.C.
1. Shepard v British Columbia (Minister of Finance)
(1980), 20 BCLR 336 (CA); Army & Navy Department
Store Ltd v British Columbia (Commissioner,
Social Services Tax) (1965), 53 WWR 285 (BCCA).
2. Stephen Owen, Report and Recommendations, vol 1
of Discretion to Prosecute Inquiry, Commissioner’s
Report (Victoria: Queen’s Printer, 1990).
3. 1990 1 SCR 1075.
4. 2000 BCCA 335.
5. Ibid at para 134.
6. Braidwood Commission of Inquiry on Conducted
Energy Weapon Use, Restoring Public Confidence:
Restricting the Use of Conducted Energy Weapons in
British Columbia (June 2009), online: <www2.gov.
7. Braidwood Commission on the Death of Robert
Dziekanski, Why? The Robert Dziekanski Tragedy
(May 2010), online: <www2.gov.bc.ca/assets/gov
8. Art Vertlieb, QC, is the author of this summation of
9. Mark is the author of the hilarious article, “Fault or
No-Fault? My Run-In with the Chief Justice” (2020)
78 Advocate 343.
10. On one occasion he and Sam Toy were on opposite
sides in an appeal in Victoria, so they sailed there in
Tom’s boat. During the quiet nightfall they heard a
cry for help from a drowning fisherman clinging to a
rowboat. They pulled him aboard, sorted him out
and continued on their way to court.