Law Times

Law Times • November 30, 2009 NEWS 'Renaissance man' did it all Justice David Marshall dies following distinguished career on the bench BY TIM SHUFELT Law Times 1972, 10 years after becoming a doctor, he set up a legal offi ce a block away from his medical practice in Cayuga, Ont. And since he served concur- A rently as a provincial coroner, he essentially saw patients and clients through from beginning to end. "His buddies would kid him that he would bring them into the world and then he would do all but bury them," says Supe- rior Court Justice David Crane, who was friends with Marshall since 1992, when they both be- came judges in Ontario. Marshall died unexpectedly on Nov. 20 at his Haldimand County home. He was 70. Marshall made headlines in 2006, when he fi rst tried to or- der aboriginal protesters off of an occupied building site out- side of Caledonia. In doing so, Marshall found himself at the centre of a charged legal battle. When protesters essentially ignored his ruling, he said the blockades threatened the "rule of law" in the community. Even after the province pur- chased the disputed land from the developer and asked that protesters be permitted to re- main on the site in an attempt to reach a settlement, Marshall in- sisted the injunction remain in eff ect. He then called for a suspen- sion in land-claim negotiations until the occupation ended. fter Superior Court justice David Marshall was called to the bar in Th e Ontario Court of Appeal eventually quashed the injunc- tion several months later. "Th ose were tough days, when you've been in that com- munity for so long," says Su- perior Court Justice Stephen Glithero, a long-time friend and colleague. "It was a very tough decision to make as to how far to go." Glithero adds that friends and family are reeling from the loss. Marshall died suddenly while recovering from prostate surgery. "He was really a good man, and I mean that in the most measured sense," he says. By all accounts, Marshall was tireless and a lifelong learner. "He had such a thirst for knowledge and an ability to di- gest things," Glithero says. While the professional bur- dens of a lawyer or judge may be hefty, Marshall revelled in living as something of a "Renaissance man," Crane says. "He had an interest in everything." He taught law at three dif- ferent universities, served as justice of the Supreme Court of the Northwest Territories and Yukon, was a founding di- rector of the National Judicial Institute, and worked as a mis- sionary doctor in Ecuador. His personal life was no less robust. "He wasn't a spectator in life. He was very much a doer," Crane says. He raised his own livestock on his farm, dabbled in painting, got his pilot's licence, and even learned diesel mechanics and got a boat with twin diesel engines. Scathing ruling prompts law firm to split A BY TIM SHUFELT Law Times Toronto litigation boutique that was the subject of a scathing Superior Court ruling has folded. Gardner Hodder says the ruling, which harshly criticized his former partner, prompted him to permanently end his association with Eric Polten and terminate Polten & Hodder. "Th ere is some obvious personal pain in having my name attached to a judgment like that," Hodder says. In Miksche Estate v. Miksche, Justice David Brown ruled Polten attempted a "naked cash grab" against two elderly women, who were both former clients. Polten ran up a "scandalous" million-dollar legal tab that exceeded the value of the estate and that he tried to recover from two vulnerable clients, Brown said in the decision. Th e judge criticized Polten for what he called profession- al misconduct and breach of professional duties. Hodder wouldn't comment on the ruling itself. "Th e decision speaks for itself. Justice Brown is a well-respected judge," he says. He adds that he represented the business-law arm of the fi rm and had no involvement in the case. Eff ective last Wednesday, he moved to continue his prac- tice as Hodder Barristers. According to the fi rm's web site, Polten will continue a civil litigation practice as Polten & Associates. "I'm hopeful this is something that is not going to aff ect my practice adversely," Hodder says. LT He also wrote a book on the history of Haldimand County as well as a handful of medical and legal publi- cations, including one on jurisdiction that chief jus- tices should exercise. "He was a real guard- ian of judicial indepen- dence, being careful that government doesn't step in to infl uence deci- sions," Glithero says. "He certainly well understood the role of a judge." However, despite the many demands in his life, Marshall always had time for family and friends, he adds. He would often run into his colleague in Ca- yuga, on the street or in a coff ee shop talking with locals. "Th ey'd be talking about local aff airs or the good old days or some- thing," he says. Sometimes judges can take on something of an in- timidating presence, says Lena Grey, librarian for the law as- sociations for Haldimand and Marshall's numerous professional endeavours and accolades include: serving on the Medical Research Council of Can- ada for 14 years; as com- manding offi cer and later honorary colonel of the 23rd Hamilton Medical Field Corps; as a mission- ary doctor in Ecuador, as past director of the Royal Hamilton Flying Club; as founding president of the Canadian College of Le- gal Medicine; and as past chairman of the Confer- ence of Law Reform Com- missions of Canada. He was also recently named colonel comman- dant of Justice David Marshall died unexpectedly on Nov. 20. A key moment during his time on the bench came during litigation over protests in Caledonia in 2006. Norfolk counties. "You certainly didn't get that from him," Grey says. "He cared about the average person." the Canadian Forces medical and den- tal branch, a prestigious honorary appointment at National Defence head- quarters in Ottawa that involves acting as offi cial liaison between the Royal Family and the military. Marshall was never sworn in. He is survived by his wife Jill, fi ve children, and 10 grandchildren. LT PAGE 3 No, we don't really think of ourselves as superheroes (although, we do regularly appear just in time to save the day) E-discovery requires expertise, strategic understanding, diligence and a uniquely collaborative approach. Fortunately, we have access to the most talented litigation support experts through our broad network of industry leaders and our ever-expanding database of over 30,000 legal professionals. 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