Law Times

Law Times • December 15, 2008 Irwin Koziebrocki was a 'kind, gentle soul' NEWS BY ROBERT TODD Law Times M last week after the sudden death of highly respected law- yer Irwin Koziebrocki. "He was a kind, gentle soul. embers of Toronto's criminal law bar were in mourning He laughed easily, he was un- flappable, he had the patience of Job, and he loved life," Koziebrocki's longtime associ- ate Earl Levy tells Law Times. Koziebrocki, an appellate gentle man, devoted to and loved by his family." Criminal Lawyers' Associa- tion president Frank Addario served on the association's ex- ecutive committee for many years with Koziebrocki. "I can't count the number of times that he helped pre- pare a brief on proposed new criminal law legislation," says Addario, adding that Kozie- brocki worked tirelessly on the CLA's education programs. "The success of the Criminal lawyer called to the bar in 1976, died of an apparent heart attack Dec. 7 while vacationing in the Dominican Republic with his wife Carolyn Fineberg, who is an assistant Crown attorney. Their son Joshua Koziebrocki is also a Crown attorney. Koziebrocki, 60, had an im- peccable reputation in the legal community, and all those who spoke with Law Times singled out his collegiality, kindness, and vast contribution to the law. Levy and Koziebrocki prac- tised together for 27 years, and Levy says they ate lunch together virtually every day during that pe- riod when not in court, chatting about politics, music, restaurants, art, theatre, and their children. Levy says Koziebrocki will Respected Toronto criminal lawyer Irwin Koziebrocki passed away sud- denly last week while on vacation. be sorely missed in their office, where a family atmosphere has developed over the years be- tween them and secretary Linda Barber, who has been Levy's sec- retary for 38 years and Kozie- brocki's for the entire 27 years they practised together. "Irwin was a very kind, gentle soul, and when he spoke in court I would perhaps characterize his presentation as a quiet but strong one, and well reasoned, both in the opinions he offered and the submissions he made," says Levy. "He was a great person to be associated with." Some of the top members of the criminal law bar last week expressed an overwhelm- ing sense of shock and loss over Koziebrocki's death. "If the criminal justice sys- tem was a play, Irwin Kozie- brocki would have been the es- sential best supporting actor on stage," says Canadian Council of Criminal Defence Lawyers chairman Bill Trudell. "Not flashy, never loud, just the solid key figure who quietly held it to- gether, who you would count on to deliver his lines on time and remind you of yours and keep the plot focused. He was a wonderful, Justice Marc Rosenberg first crossed paths with Kozie- brocki while articling with Ed- ward Greenspan, and the two became friends over the years. "He was one of the most de- cent people I ever had to deal with," says Rosenberg. "He was thoroughly honest and very thoughtful, and had ter- rific judgment. You knew that you could rely on anything that Irwin told you. He was just a terrific human being." Brian Greenspan remembers Lawyers' Association is in part due to Irwin's contribution." Ontario Court of Appeal Koziebrocki as a presence in "virtually every" CLA continu- ing education seminar. "He was just a person who he focused mainly on criminal law matters, but has also spent time appearing before inquests and professional tribunals. Some of the key cases he worked on include the Supreme Court's 1987 case R. v. Mannin- en, which defined an accused's right to counsel, and 1999's R. v. Shirose, in which he suc- cessfully argued a violation of powers by police. He was one of the first law- president from 1997 to 2001, and provincial director from 2001 to 2003. He also was a member of the yers certified as a specialist in criminal law by the Law Society of Upper Canada, receiving the designation in 1989. In 2008, he was one of the select few lawyers named a special advocate by the federal justice minister. He also made major contri- butions to the CLA, serving as a member of the executive starting in 1986. He acted as treasurer, secretary, assistant secretary, and chairman of the finance commit- tee. He assumed the role of vice Criminal Justice Review Com- mittee, which presented a report to the attorney general in May 1999; a member of the Attorney General's Kaufmann Commission Implementation Advisory Com- mittee following the wrongful conviction of Guy Paul Morin; a member of the Dubin Commit- tee on media relations guidelines; and contributed to a number of other initiatives, including several with the law society. Koziebrocki also served as chairman of the Toronto Art Therapy Institute and the Cornell University Institute on Organized Crime. Besides his wife, he is sur- vived by five children, and a sis- ter. A funeral service was to take place Dec. 14 at Beth Tzedec Synagogue. LT PAGE 3 was universally regarded as one of the most collegial, decent people that we've known as a colleague," he says. Koziebrocki was called to the bar in 1976, after obtaining his law degree from the University of Toronto in 1974. He completed his articles with the Ministry of the Attorney General before be- coming a Crown counsel from 1976 to 1982. At that point he entered private practice, where PARTNERSHIP ANNOUNCEMENT Since 1981 HENDERSON STRUCTURED SETTLEMENTS AND THE STRUCTURED SETTLEMENT COMPANY ("TSSC") ARE PLEASED TO ANNOUNCE A PARTNERSHIP, WHICH WILL SEE HENDERSON STRUCTURED SETTLEMENTS ASSUME TSSC'S EXISTING CASELOAD. THE MANAGEMENT OF HENDERSON WOULD ALSO LIKE ALL TO KNOW THAT, AS A GESTURE OF THEIR GREAT RESPECT FOR THE LATE BERNIE YOUNDER, FOUNDER AND PRESIDENT OF TSSC, ALL PROCEEDS OF THE WORK DONE BY HENDERSON STRUCTURED SETTLEMENTS THROUGH THIS PARTNERSHIP ARE FOR THE BENEFIT OF TSSC. BOTH HENDERSON AND TSSC LOOK FORWARD TO CONTINUING RELATIONSHIPS WITH THE MANY CLIENTS THAT BOTH COMPANIES HAVE HAD THE PLEASURE OF SERVING OVER THE YEARS. 1.800.263.8537 www.henderson.ca Henderson.indd 1 www.lawtimesnews.com 12/9/08 10:29:05 AM ealogical 1-4_LT_Nov17_08.indd 1 11/11/08 2:59:45 PM

• Cover
• Remembering Irwin
• Benchers Diary
• Focus On Criminal Law