Law Times

Law TiMes • March 16, 2009 NEWS PAGE 3 Alison Youngman 'wasn't afraid of anything' BY ROBERT TODD Law Times cent passing of Stikeman Elliott LLP senior partner Alison Youngman. Friends remember her as an eternally op- O ntario has lost a bright light among its legal fraternity and women's leadership community with the re- timistic and humorous person who carved a niche for herself in corporate and commercial law, becoming creator and chairwoman of her fi rm's technology and outsourcing group. The best word to describe Youngman is "big," says close friend Ann Medina. "She went after life with an exhuberance; she wasn't afraid of anything," says Medina, a broadcaster. Youngman, 60, had a "big heart. We called her the Queen of Smiles. Big generosity, big giving to anyone around." Medina says Youngman's accomplish- ments were not confi ned to one area of her life. "So often people have strength and achievements in a very defi ned circle, wheth- er it's their business life, or family life, or whatever," she says, adding the two of them managed to share laughter until the end. Medina says Youngman loved her career in the law, particularly the art of negotiation. She recalls that her friend continued to work even as she began battling her illness, despite her suggestions to rest. "It's partly just to keep focused on something other than her sickness," says Medina. "But she said, 'It just lifts me up — I love doing it.'" Youngman was born strated a strong entrepre- neurial spirit in launching Stikeman's fi rst market- ing group and pushing the fi rm to adopt new technologies, even when many in the legal indus- try frowned upon it. She later created the Youngman demon- in England, and left home as a teen with $200 and plans to see the world. Aged 19, she arrived in Montreal and landed a job as a parale- gal for Stikeman Elliott in 1972. After announcing plans to move on national board of the Canadian Breast Cancer Foundation, and led her fi rm's participation in the CBCF-CIBC Run for the Cure. Author Rona Maynard, who served on Alison Youngman was a senior partner at Stikeman Elliott LLP. from that job, her mentor, Fraser Elliott, offered to sponsor her studies at Osgoode Hall Law School. She accepted Elliott's challenge and, after graduating and hav- ing her fi rst child in 1984, she returned to the fi rm. In 1986, she was called to the Ontario bar, and had her second child. ventures, as a mentor to younger lawyers, and through published articles. Youngman also took an active role in fi rm's technology and outsourcing group. Her commitment to the pro- fession was embodied by time served as co-chair- woman of the American Bar Association negoti- ated acquisitions com- mittee task force on joint public life, focusing her efforts on the ad- vancement of women's interests. The YWCA of Metropolitan Toronto in 2004 named her a Woman of Distinction, and she was presi- dent of the International Women's Forum of Canada. She also served as chairwoman of the the IWF Canada executive with Youngman, says she embodied the story of women in these times. "Like so many talented women of the baby boom generation, she didn't have any particular ambitions when she started out, other than seeing the world and meet- ing new people and devouring experiences and having a good time," she says. "The way she got started was the way so many women got started, turning a nothing job into a launch pad because her curiosity and her great intellect and her zest stood out." Maynard adds it was "revolutionary" at the time for a woman like Youngman to have a child the same year as completing her law degree and being called to the bar. "I fi nd it very fi tting, and also very sad, battle with lung cancer. She is survived by her sons Chris and Phil Reineck, sister Jacky Hines, brothers Michael and Kevin Har- rington, and cousin Shirley Youngman. LT Continued from page 1 Transferred intent doctrine narrowed by court October 2002 jury trial presided by Justice Russell Juriansz when he was a Superior Court judge. The appeal court decision of Justice Marc Rosenberg, Justice Robert Armstrong, and Justice Da- vid Watt states that the Criminal Code does not indicate, and there- fore it was up to the court to deter- mine, "what crime a person com- mits who intends to kill another person but, by accident or mistake, hurts or injures somebody else." According to Watt, who wrote the decision, the incident involving Gordon happened "one hot August night" as Gor- don attempted to buy marijua- na in front of a Toronto bar. A friend of Gordon's thought An- dré Thompson, who was stand- ing on the street near the bar at the time, was a drug dealer and could provide marijuana. Either the friend or Gordon offered Thompson $90 for an ounce of marijuana. Thompson was angered by the "lowball" offer, wrote Watt, and punched Gordon and his friend. Gordon and his friends "scattered in dif- ferent directions after the abor- tive drug purchase," wrote Watt. Gordon later returned to the vi- cinity of the bar carrying a sawed- off shotgun, wrote Watt. He shot three blasts in Thompson's direc- tion, according to the judge. None of the pellets hit Thomp- vated assault, wrote Watt. He was charged with attempted murder, discharging a fi rearm with intent, and pointing a fi re- arm in relation to Thompson, the judge wrote. The trial judge, according to Maunder argued the trial judge was wrong to give the jury such instructions regarding transferred intent, if they concluded that he had intended to kill Thompson. Crown lawyer David Lepofsky, Watt, agreed with the prosecu- tion's position that Gordon's li- ability for attempted murder in relation to the injured victims could be established with the common law doctrine of trans- ferred intent, and dismissed an application for a directed verdict on the attempted murder counts for the victims, wrote Watt. But at appeal, the judge wrote, however, argued that "transferred intent principles apply to crimes of inchoate homicide, like attempted murder, and were properly left as a basis for the appellant's liability for attempted murder of the injured victims here," wrote Watt. The court sided with Maunder. "In my view, a close examina- this common law doctrine does not apply to the inchoate crime of attempt, in particular to at- tempted murder, and thus can- not be part of our law through the operation of s. 8(2) of the Criminal Code," said Watt. "In this case, if the appellant tion of the principles that under- lie the doctrine of transferred in- tent compels the conclusion that intended to kill André Thompson and, by accident or mistake, killed one or more bystanders, the unlaw- ful homicide would be murder un- der s. 229(b)," the judge later wrote. "But it by no means follows that the appellant's crime is attempted murder where the bystanders were injured but not killed, although it would be murder if they died." that she died on International Women's Day, just as the light was breaking." Youngman died March 8 after a short the convictions of attempted mur- der of each of the three accused. It also set aside the conditional stays that had been entered by the trial judge based on the principles in R. v. Kienapple for the aggravated as- sault counts, replacing each with concurrent eight-year sentences. While leave to appeal sen- The court thereby overturned tence was granted, that appeal was dismissed. Spokesman Brendan Craw- ley says the Ministry of the At- torney General is reviewing the decision to consider whether to seek leave to appeal at the Supreme Court of Canada. LT CD-ROM includes full text of Ontario Annual Practice Ontario Annual Practice 2009-2010 Edition The Late Honourable James J. Carthy, W.A. Derry Millar and Jeff G. Cowan Written by top experts in civil litigation and public law, this highly regarded procedural guide is the only resource you need to gain a solid understanding of Ontario's civil and administrative procedural law. son, who ran into and through the bar and out the back door. Two women and a man were This handy resource contains all of the relevant legislation and rules of procedure you need to prepare for court. It consists of: struck by pellets, wrote Watt. One woman was hit in the ear, head, face, chest, arm, and hand, with several pellets still lodged in her body, the judge wrote. The other woman was hit in the face, neck, chest, right shoulder, arm, hand, and wrist. The man, who was hit by a second shotgun blast, lost sight in one eye and most of his sight in the other, with several pellets remain- ing embedded in his face. Gordon was tried on an in- dictment with nine counts: for each victim struck by the shot- gun blasts he faced counts of attempted murder and aggra- Carthy_OAP (LT 1-3x4).indd 1 • The Main volume — includes, in a single volume, the Rules of Civil Procedure, and the relevant, most pertinent Acts, including the Courts of Justice Act, Evidence Act, Limitations Act, 2002, and the Legislation Act, 2006, with annotations of the most relevant and up-to-date case law. • The Forms and Table of Cases volume — contains forms that relate to the Statutory Powers Procedures Act, Rules of Civil Procedure, Family Law Rules and Rules of the Small Claims Court, as well as the Table of Cases. • The CD-ROM — contains the full text of the 2009-2010 edition as well as fillable Word™ forms, the Table of Cases with links to the full-text judgments, the Table of Forms and the Index to Forms — all easily searchable. • — FREE monthly electronic supplements containing the most recent reported and unreported appeal cases with links to the full-text judgments and legislative changes as they become available. 2010 Amendments included Includes amendments to the Rules of Civil Procedure, O. Reg. 438/08 (effective January 1, 2010) • Includes 2010 Amendments to the Rules of Civil Procedure (effective January 1, 2010) ORDER your copy today Vol. I Hardbound (Main volume) • Approx. 1,800 pp. • Vol. II Perfectbound (Forms and Table of Cases) • Approx. 800 pp. • CD-ROM Published May each year • Includes both volumes and CD-ROM Standing order $88 • P/C 0645140000 Current edition only $93 • P/C 0645010999 • ISSN 0318-3556 For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com 3/11/09 1:41:39 PM LT1603

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