106 THE ADVOCATE
VOL. 79 PART 1 JANUARY 2021
building the firm. Neil’s litigation skills were legendary, honed from acting
as counsel in hundreds of trials and appeals. Over the years, Neil’s litigation
practice covered virtually every area of the law, sometimes in a single
week! In his early days, it was not unusual for Neil to handle a motor vehicle
trial in the morning, a family dispute in the afternoon and a criminal proceeding
the next day. Later in his career, Neil acted as counsel in some of
the province’s most complex cases in the areas of construction, engineering
and aviation law. Neil was a gifted legal strategist and feared trial advocate;
few could match his legal cunning and cross-examination skills.
Neil was a quiet man who led by great example. While a private person
by nature, Neil was a kind and patient mentor to many, both within and outside
the firm.
One of Neil’s most enviable characteristics was his unflappable nature,
which earned him a reputation for having one of the best poker faces in the
profession. For example, Chief Justice Hinkson recalls a jury trial that he
attended as Neil’s junior counsel. It was a high-profile case, and the stakes
were similarly high. The Chief Justice remembers thinking how composed
Neil was throughout the trial and how effectively he had presented the case
to the jury. As the trial was drawing to a close, the Chief Justice asked Neil
how many jury trials he had done (thinking he would say he had done
dozens). Neil’s response, delivered in his well-known deadpan: “Including
this one, that would be one.”
Respected counsel throughout the province remember Neil as a “gentleman”
litigator. Karen Martin, president of the Canadian College of Construction
Lawyers, recalls dealing with Neil early in her career. She found
him intimidatingly knowledgeable about engineering issues but a real gentleman
to deal with, even to a young female lawyer who, at that time, had
no background in engineering. Christopher O’Connor, Q.C., describes Neil
as the consummate gentleman who defended his clients’ interests with
vigour and determination and who had an unbelievable poker face whenever
any of his clients were giving very harmful evidence.
Madam Justice Laura Gerow worked with Neil for 20 years before being
appointed to the bench. Justice Gerow remembers Neil as not only a mentor
and colleague, but also a great friend. She describes Neil as one of the
clearest thinkers she has ever met, noting that his clients referred to him
endearingly as “The Professor” because of his in-depth knowledge of the
law and his thoughtfulness in presenting his ideas and arguments.
As a tribute to Neil, Harper Grey compiled a list of the court decisions
from his career. It was a monumental task, with the completed list filling
many pages starting with a reported decision in 1968 and ending with a
decision in 2013. On the list, there are many notable decisions, including