In Memoriam - 2019

Professor J.C. Smith

Professor J.C. Smith (LLB '60) passed away early November. He is one of the cadre of UBC law alumni who were encouraged by Dean Curtis into graduate studies and the academy.  After an LLM at Yale, he joined the UBC Law faculty in 1961. Professor Smith worked across a wide range of areas of the law. He has taught torts, property, jurisprudence, and evidence. In 1995, Professor Smith was the recipient of the George Curtis Memorial Award for Teaching Excellence. Through the lens of legal theory, Professor Smith has a researched a wide variety topics, ranging from bioethics, to psychoanalysis, to artificial intelligence. For his outstanding contributions to his field of research, Professor Smith has been awarded the Killam Research Prize (1987) and the Alumni Award for Research by the Allard Law Alumni Association (2007). He was a visionary scholar, a compelling teacher, and a devoted mentor.  

The Honourable Anne Rowles

The Hon. M. Anne Rowles (LLB '68) died on November 13, 2019, in Vancouver, BC, at the age of 78 following a lengthy illness.

Anne was born in Empress, Alberta, and lived the first six years of her life on a wheat farm in Saskatchewan. Anne loved school and participated in the many activities Kelowna provided for children growing up there. While at the Kelowna High School, she was on the debating team and in the drama club, an early indication of her interest in making law a career.

After graduating in 1968 with an LL.B. from the UBC Law School, Anne practiced law in Vancouver. She participated in many law-related activities, including being on the boards of the Vancouver Bar Association, the Legal Services Society, the BC Courthouse Library Society and two national judicial committees, one focusing on technology and the other on a judicial counselling program. She was a frequent lecturer for Continuing Legal Education and from 1981 to 1983 she was a Bencher of the Law Society of British Columbia. In 1983 she was appointed to the County Court of Vancouver, in 1986 to the Supreme Court of British Columbia and in 1991 to the B.C. Court of Appeal and the Yukon Court of Appeal. While a judge, she continued to serve on various committees including being chair of the Court of Appeal's Rules Committee and its Planning Committee. In 2008-09, she was the Chair of the Vancouver Institute. In 2008 she was appointed as the BC Attorney-General's representative on the Board of Directors of the International Centre for the Reform of the Criminal Law and Criminal Law Policy and subsequently became its chair. In 2013 she was appointed the Chair of the Scholarly Integrity Committee for the University of BC.

World travel with Afton was a joy. At home she was an avid reader and gardener and took much pleasure in encouraging young lawyers in their studies and careers. In life, as in law, she was a mentor by example. 

Anne's legacy of compassion and advocacy will continue in the hearts of those privileged to experience her bright wit and formidable deliberation. She will be greatly missed and lovingly remembered by her husband, her family and her many friends.

Allard School of Law also conducted an oral interview with Anne as part of the law school’s history project, see here

The Honourable Patricia M. Proudfoot, OBC

The Honourable Patricia Mathilda Proudfoot, beloved by her extended family and an even broader circle of friends and colleagues, died peacefully at home on October 9, 2019, age 91.  A singular woman, she combined a judicial career marked by firsts with a full private life.  Pat valued relationships.  She built and maintained these across generations and continents, in all aspects and at every stage of her life. She will be remembered with love, with laughter and with deep respect for her strength of character, courage and life accomplishments.

Born March 13, 1928, the youngest in a family of ten children, Pat set her sights on the practice of law at an early age. Working three part-time jobs to support her studies, she graduated from the University of British Columbia with a B.A. in 1949 and her LL.B. in 1952. After articling, she was called to the bar in September 1953. Thereafter, she set up a private practice, which lasted 18 years until October 1971, when she was appointed to the BC Provincial Court. She was the first woman judge to sit in that criminal court.  When appointed to the BC County Court in 1974, she was the first woman to be appointed to that court. In 1977, she was the first woman appointed to the BC Supreme Court. 

More appointments followed. In December 1982, she was appointed a deputy judge of the Supreme Court of the Yukon Territory and in June 1991, as a deputy judge of the Supreme Court of the Northwest Territories. She was also appointed a member of the Pension Appeal Board of the Canada Pension Plan in 1994, a position she held until July 2010.

In 1989, Pat was elevated to the Court of Appeal for BC and Yukon Territory, making her the first woman to sit in every court in the Province of British Columbia. She retired from the Court of Appeal in 2002 and the Pension Appeal Board in 2010, having served the public for almost 40 years. 

Pat was active in other spheres.  She was a member of the board of the Canadian Council of Christians and Jews, a member of the committee on Sexual Offences Against Children and Youth, an honorary director of Big Sisters of British Columbia, a commissioner appointed under the BC Public Inquiry Act to the Royal Commission on Incarceration of Female Offenders and a member of the Vancouver Foundation’s Family and Youth advisory committee. She was also a long time supporter of the Franciscan Sisters of Atonement in Vancouver’s Downtown Eastside and of her parish church, St Augustine’s, with a special interest in its school. 

Esteemed for her many contributions to the legal profession and the community at large, Pat received a number of awards and accreditations.  These included an Honorary Doctor of Law from Simon Fraser University in 1975 and from the University of British Columbia in 1994. In 2002, she received the Vancouver YWCA “Woman of Distinction” award as well as a third Honorary Doctor of Law from the Okanagan University College. She was made a member of the Order of British Columbia in June 2007. 

Allard School of Law also conducted an oral interview with Patricia as part of the law school’s history project, please see: https://historyproject.allard.ubc.ca/law-history-project/profile/honourable-patricia-m-proudfoot-obc.

Predeceased by her husband, Arthur Proudfoot, seven sisters and one brother, Pat is survived by her sister, Helen Schaeffer of Summerland BC, and by many nephews and nieces, their children and grandchildren. She is also remembered by a host of friends from around the world.

David Stewart Fushtey

On October 8, 2019, David Fushtey (LLB 1988) passed away at St. John Hospice, Vancouver, British Columbia at the age of 64. 

A true renaissance man, Dave was a landscape architect, sculptor and multi-talented lawyer. He loved music, art and beauty. His first degree in landscape architecture led to his work at EXPO '86 as a senior planner and contract manager. Fascinated by the law and words, he loved his legal education at UBC, where he was editor of the Law Review. Law was everything Dave believed in – discipline, justice and consideration of others without compromising his values. He articled at Bull Housser Tupper and clerked for the BC Supreme Court. Dave worked in a variety of positions and firms building a background in international transactions and international commercial organizations. He particularly enjoyed his in-house counsel work at MPR Teltech Ltd. working on complex IP claims.

His commitment to words and the rule of law drew him back to create The Governance Counsel in 2002. Dave became the Governance Guy. As a corporate-commercial lawyer, respect for specialized languages and building strategic oversight skills focused his passion on governance – the effective exercise of informed authority. For Dave, governance is a learned skill so he developed the Principled Governance™ approach and the Governance Platform™ for The Governance Counsel™, including orientation and education protocols, tools and briefing materials on hot topics. Dave enjoyed his work with clients – he helped them with their governance challenges and to ""get along"".

These experiences led to the writing and publication of The Director and the Manager: Law and Governance in a Digital Age: Machiavelli had it Easy in May 2019. This ~1000 page text includes direction for the emerging discipline of governance. This text presents Dave's research and a market-tested decision-framework for comparative law, market practice, and human nature in the vital strategic-oversight role of governance. Dave believed that the how and why of governance systems link the human condition and the rule-of-law in the digital age. Machiavelli had it Easy was a celebration of years of thinking, researching, writing, editing and compilation. At the SFU book launch in May, Dave was his usual humble, funny and deeply thoughtful self.

Dave loved his work with youth – and mentored many students and young professionals throughout his life at the Board of Trade Leaders of Tomorrow, as well as at UBC and SFU. Dave was a wonderful teacher – he truly wanted to help people understand how legal and regulatory systems should evolve to enable positive relationships in our complex world.

From a young age Dave showed leadership, kindness and courage. He worked tirelessly in his pursuit of justice whether for politics or humanitarian causes including support for women and diversity of culture.

Lorraine Douglass

As the Secretary to the Dean of the law school at UBC in the late 1970s, Lorraine was appreciated by both faculty and students. During her time at UBC, Lorraine extended her love of the law school and UBC by establishing the Lorraine Douglass Prize in Real Estate Law, for students who have obtained high academic standing in Real Estate or Condominium Law coursework. This endowment has helped over 18 law students to date. Born and raised in Sydney, Australia, Lorraine developed a love for travelling at a very young age. For both business and pleasure, she traveled extensively, and even lived briefly in London, Paris, Montreal, Turkey and even the jungles of East Pakistan.With each new destination, Lorraine would immerse herself within its unique art and culture, and as an artist herself, began to collect a series of iconic pieces. At UBC, she enrolled in a series of classes including watercolor, oil, printmaking, calligraphy, and even jewelry-making. For over 40 years, Lorraine called Killarney Manor in Kitsilano home as the President of their tight-knit community and strata council. Today, the walls of this iconic building still showcase Lorraine’s warm and eclectic nature as a lover of art and community. Lorraine passed away peacefully, surrounded by her closest friends on July 2nd, 2019 at the age of 93. 

Professor John Hogarth

John Hogarth, age 83-husband, father, grandfather, brother, uncle law professor, mediator, mentor, environmental activist, and fisherman-died peacefully at St Paul's Hospital in Vancouver on Sunday, August 11, 2019, surrounded by his family. A visionary legal thinker, John devoted his career to addressing social problems through the empowerment of individuals and communities. In the 1970s, he served as the first Chair of the British Columbia Police Commission where he implemented groundbreaking approaches to policing and police training and worked to build creative partnerships between the legal system and the public. A dedicated teacher, he taught law and public policy at Osgoode Hall and at the Allard School of Law of the University of British Columbia. He led research projects for provincial and federal government agencies and the United Nations, advocating the legalization of cannabis and strategies for fighting organized crime. He was an innovator and international research leader in the field of mediation, serving as Director of the Dispute Resolution Program at the University of British Columbia. Raised on Vancouver Island and an avid fisherman, he had a deep love of coastal British Columbia. He shared this passion with his children, with whom he spent many summers exploring the coast on his sailboat, Shibui. He also enjoyed extensive travels with his wife Patricia and living in Europe for seven years. They returned to live in Parksville where John supported the environmental movement and worked to protect the streams and coastline from overdevelopment and the dangers of oil tankers. John is survived by his wife, Patricia Hogarth; his three children, Claire, Sarah, and Adam Hogarth; his grandchildren Adrian Hogarth Renström and Rue Hogarth; and his sister, Joyce Arnett and her family. He will be missed dearly by family, friends, and the many people he taught and mentored. In lieu of flowers, please consider a donation to the Watershed Watch Salmon Society or the Mid-Vancouver Island Habitat Enhancement Society.

Professor W. Wesley Pue

Wesley Pue passed away on April 3, 2019 after a long and courageous battle with cancer.  When Professor W. Wesley Pue joined the law school at UBC in 1993, he was the university's first Nathan T. Nemetz Professor of Legal History. He also served at UBC as Director for the Graduate Programme in Law, Associate Dean for Graduate Studies and Research, acting Director of the Individual Interdisciplinary Studies Graduate Program, Vice-Provost (Vancouver Campus), and Provost (Okanagan Campus). Professor Pue had MA (Geography and Law) (1977) and BA (Jurisprudence) (1979) degrees from Oxford University, an LLM (Administrative Law) (1980) from the University of Alberta, and a PhD (Law) (1989) from Osgoode Hall Law School. He was called to the bars of Alberta and the Northwest Territories in 1981. Before joining the Faculty, he taught at Osgoode Hall Law School, Oklahoma City University, Carleton University and the University of Manitoba. Additionally, Professor Pue has held the position of President of the Canadian Law and Society Association. Professor Pue’s research and publications was primarily in the fields of legal history, law and society, law and colonialism, constitutionalism, policing, and national security. He was the General Editor for Canada's "Law and Society" book series, published by UBC Press. The Allard Law History Project is particularly grateful to Professor Pue for his extraordinary contribution to the recorded history of the law school. His book, Law School: The Story of Legal Education in British Columbia (Vancouver: University of British Columbia, Faculty of Law, 1995). [Call Number: KE289 .P83 1995 (LC)] serves as a valuable resource for this project and for other legal historians.

Robert Bryden

Robert Bryden (LLB '69) passed away peacefully on April 16, 2019 in Victoria, BC. Born April 4, 1937 in Simcoe and raised in Dundas, Ontario, Bob grew up to be a wonderful, funny man of wide-ranging accomplishments, talents, and interests: graduate of Royal Roads and the Royal Military College (Kingston), navigator in the Air Force, graduate of the Allard School of Law at UBC, lawyer in Victoria, amateur astronomer, soccer coach, artist, boxing commissioner, wooden ship model builder, squash player, pool player, birdwatcher, cat friend, jive dancer, hiker, and more. Bob's family would like to thank the staff, nurses, and health care workers at Broadmead Lodge for the excellent care he received there. A Celebration of Life will be held on Thursday, May 23, 2019 from 2:00 pm to 4:00 pm in the Naden Wardroom, CFB Esquimalt, 1586 Esquimalt Road. Condolences may be offered to the family at www.mccallgardens.com

Paul Fraser, Q.C.

Paul Fraser, Q.C. (LLB '64) passed on Friday, March 29th, 2019. Born in 1941 in Winnipeg, Paul became a CBC news reader, among the youngest in Canada, to help pay for his education. After graduating from United College (now the University of Winnipeg), Paul attended the Allard School of Law at UBC and went on to practice law in British Columbia for 50 years. By many accounts, Paul was an accomplished lawyer. Despite running a law firm, raising children and contributing to many causes, Paul also found time to race whippets. Paul eventually graduated to larger animals, and raced horses for a while at Hastings Park - with much less success, but just as much fun. A massive fan of baseball, football and hockey, Paul loved to ski, play tennis, had a brief and hilarious dalliance with windsurfing and, in later life, discovered golf. Paul tried to make a difference in his life for those less fortunate. He made everyone feel special and that they mattered. His generosity of spirit and his understanding of the human condition are his legacy. He was a strong supporter of Our Place, and would be grateful for donations to this wonderful organization made in his name. You can find them at www.ourplacesociety.com Our family is also very grateful to those at Royal Jubilee Hospital who cared for Paul and the support they gave us all. Celebration of Life to be held from 11:30 a.m. to 1 p.m. on Wednesday, May 15, at First Metropolitan United Church, 932 Balmoral Road, Victoria B.C.

Russ Chamberlain

Russ Chamberlain (LLB '67) passed away on March 17, 2019. Russ graduated from the Allard School of Law at UBC in 1967 and articled with Harry Rankin. After starting his own practice, he became one of B.C.’s top criminal lawyers. Some of his most famous trials include the Bindy Johal murder case and the Penthouse case. Friends, former colleages, and opposing counsel remember Russ as a highly principled and honourable lawyer.  To read more about Russ' career please click here

William Douglas Fonger​

William (Doug) Fonger (LLB '67) passed away on February 2, 2019, at the age of 84, after a long and courageous battle with Gliobastoma multiforme. He died at home with his loving family at his bedside, comforting him in his final days. Doug was a loving, devoted, caring and protective husband, father, grandfather and brother. He lived his life fully and was passionate about his family, his boat and his garden. He was an eternal adventurer. A seasoned sailor, Doug loved to spend as much time as possible sailing or working on the boat. He was a capable mechanic and never shied away from anything that needed to be fixed. He was also an intelligent and accomplished lawyer. If so wished, condolences and donations to the Victoria Hospice or the BC Cancer Agency, may be made by visiting www.earthsoption.com