660 THE ADVOCATE
VOL. 78 PART 5 SEPTEMBER 2020
they upgrade from their little runabout to something a bit bigger, which
Mark had long wanted to do, and so he had a few precious months to boat
around the Gulf Islands and catch salmon off the mouth of the Fraser River.
Mark named the new boat “Guillemot” after a charismatic little seabird that
nests in Active Pass. Many ferry passengers see the guillemots without
noticing, but he was always noticing and celebrating the beautiful things
and moments along the way.
To Mark, a day in court was a close rival to a sunny day on his bike or
fishing or hiking with the family. So he continued to work until the end. His
penultimate appearance was in the Court of Appeal, the recording of which
was preserved by the court for future advocacy training. His joy in court
was amplified by his task: arguing that a trial judge erred in failing to find
the existence of a fiduciary duty and denying disgorgement of profits.
Mark’s final appearance was in December 2019 at the Supreme Court of
Canada. The issue was one of his favourites: the obligation of good faith in
contract law. It could not have been more fitting. In Canada’s top court,
alongside his long-time friends and colleagues Geoff Cowper, Q.C., and
Stanley Martin, with Irwin Nathanson, Q.C., whom he respected so much,
on the other side. His friends and family were able to watch him doing, for
the last time, what he did so well and loved so much.
In January 2020, the Law Society recognized Mark’s standing in the profession
by establishing the Mark Andrews Award for Excellence in Litigation,
to be presented to lawyers in British Columbia who have demonstrated
outstanding lifetime achievements in litigation.
Few of us achieve true excellence. Mark did so as an athlete, a naturalist,
a lawyer and a family man. What made all that really wonderful for those
around him was the enthusiasm, humour and goodwill with which he did
it—that glint in his eye.
So what was it like to practise with Mark? Or to be a judge or opposing
counsel on one of his cases? To be his cycling mate, his acquaintance, his
friend? To be part of his family? It was so much fun, and it made you a better
person and the world a better place. How wonderful is that?