Tom passed away peacefully on Saturday April 11, 2020, at home. Tom is survived by his wife Phyllis, sister Violet, son Tom (Beth), daughter Kim (Chris), and son Mark (Panny) and his 7 grandchildren Tommy, Jessy, Luke, Sara, Alexandra, Amelia and Maxine. He was predeceased by his wife Anne (nee Johnson, 2001).
Tom had a great joy of life and was a true trail blazer. Tom often told the family the history of how he became a lawyer, which began with his grandfather being given a piece of land in Burnaby, after fighting in 3 wars for Canada, where he built houses for his children and where the Branca family were neighbours. Tom’s parents Frank & Lillian were good friends with Angelo Branca, QC, and his wife. Angelo encouraged Tom to pursue a career in law. When Tom advised the principal of Britannia Secondary that he planned to attend law school, the principal said, “don’t waste your parents’ money”.
Tom received his Bachelor of Arts (UBC) in 1953, his LLB (UBC) in 1956 and was called to the bar in British Columbia in May 1957.
He started as a junior to Angelo, and later took over the firm when Angelo went to the bench. Tom conducted 26 trials in the first year alone. He was a founding partner of the firm Braidwood, Nuttall, Mackenzie and became a one of BC’s top criminal lawyers. He also litigated in almost every area of the law and appeared before the Supreme Court of Canada 9 times.
Tom was granted a QC in 1971 and was elected Bencher of the Law Society and later, appointed as a Life Bencher. In 1990 he was appointed to the Supreme Court of British Columbia, and then in 1996 appointed to the Court of Appeal. Tom retired from the Bench in 2006.
Tom loved the law, he cared about people, and he enjoyed mentoring. Many of his mentees became prominent lawyers and judges. After retiring from the bench, he was appointed to head many commissions, including the Dziekanski commission, with one of the recommendations leading to the creation of the Inter-agency Task Force.
Tom loved life and he lived it to the fullest. He was also a great adventurer, traveller, skier, and an expert mariner. Tom and Anne christened their boat the “Mutineer” as it was a “mutiny away from the office” and where life was happily focused on family and the ocean. The family spent weekends together skiing or sailing. Tom competed in the Victoria to Maui Sailboat race twice; in 1972 as crew, then in 1976 as captain with a crew of friends and son (Tom), and then turned around and sailed the boat home with his whole family as crew. In addition he often raced locally. He also enjoyed skiing and frequently went skiing at Whistler Friday after work, and then straight to trial the following week.
After Anne passed (2001) he married Phyllis, with whom he also had a wonderful loving marriage. They enjoyed many years and many travels together around the world, completing the Great Loop and running the Mutineer up and down the coast, to name just a few.
He was an avid music fan with Tony Bennet and Louis Armstrong as favourites in jazz, and he regularly attended symphony performances at the Orpheum with Anne, and subsequently Phyllis, and family. Tom loved to sing and he always said “I have 3 notes – and they are all the same and they are all flat”. But he would belt it out – whether it was Christmas carols, or pub tunes like The Gambler.
Tom was adored by his family, loved by his friends, and respected by his colleagues. He often toasted “To the best family in the world” with a big smile.
A celebration of Tom’s life will take place at some point in time in the Quarantine free future where all are welcome, and where there will be stories told, toasts made, music playing and drinks drunk.
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