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In 1966 the Strong Vocation blank said that I would do
equally as well as an accountant, lawyer or carpenter! For
no particular reason, I chose the law and my life has not
been the same since.
In
the summer of 1970 I joined Alexander Dubensky, QC as a
summer student – I loved it from the beginning and
the shrewd fellow he was, kept me on over winter (my 3rd
year) doing research and helping where I could. My memory
is that he paid me $250.00 per month! He then invited me
to article to him in June 1971, shortly after graduation.
I jumped at the opportunity. After an exciting year of articling
(my salary jumped to $400.00 per month) Alex invited me
to stay on as a "partner" (not equal). Following
my call on the 5th of June 1972, by the Honourable Mr. Justice
William Sinclair (the first student called
in the new “Law Courts Building”), our firm
became known as Dubensky & Scott, Barristers and Solicitors.
We emphasized our practice in employment and trade union
law. We acted for many, if not most of the trade unions
in Alberta, certainly Red Deer North!
Within a month of my call I conducted my first QB trial
in Fort McLeod – a contested will matter, with the
main issue being the capacity of the testator. We won. Shortly
after I took my call in the NWT and argued a certiorari
matter on behalf of the United Steel Workers of America
– again, we won!
In
1973 I made my first of three arguments before the Supreme
Court of Canada – alas I have not enjoyed success
there! However, one of my cases (K.v.L.) continues to enjoy
fame as changing the law on the "best interests"
of the child. I was on the losing side and the results,
in all of the circumstances, were not unexpected.
In February 1974 I set up my own firm. Alex and I had to
part ways. It was very sad and we both had tears in our
eyes. My office opened up at 900 McLeod Building –
a wonderful old place where over the years much fun was
enjoyed. The poignancy of the matter is better understood
when one knows that Stuart Alexander Scott, my second son,
is named after Alex.
In time, Alex went on to a long and distinguished career
as Assistant Deputy Minister, Labour; Chairman of the Alberta
Labour Relations Board, and finally as a labour arbitrator
and mediator, acceptable to all. He was an excellent lawyer,
friend and mentor. He was greatly respected in the legal
community.
In 1975 I was invited to join the firm of Barron McBain
as a partner – I accepted and joined on the 1st of
February 1975. Until I left the firm in 1981 those were,
and continue to be, the most enjoyable years of my career.
I was in charge of the Edmonton office, but worked closely
with my partners in Calgary.
The dynamics of practicing with Walter Barron, Ross T.G.
McBain, Sandy Park, Bruce Green, Murray McGown, my classmate
Norm Hess, Jeffrey Kovitz, Pat Sullivan, Bill Johnson and
so many others is impossible to describe! Even the partners
meetings were fun! Unfortunately, in 1981 change that seemed
inevitable occurred – Bruce changed firms, Ross went
to the Alberta Labour Relations Board and I was invited
to Calgary. I declined and established again, my own firm
in Edmonton with Archie Zariski, Don Kramer and Marcia Stromsmoe.
Only Don and I remain in practice. Marcia is retired doing
world cruising and Archie is a professor in Australia. Since
that time my firm has grown to nine or shrunk to a couple
– normally it is in the four person category.
My
work over those years has been quite general, having left
the labour field following being counsel to the Brotherhood
of Locomotive Engineers during the Hinton Train Inquiry
conducted by the Honourable Rene Foisey in 1986.
My work is comprised of civil litigation, some corporate
and commercial, and that which is euphemistically described
as family law. For the last few years of my career I have
been most fortunate to share it with two excellent young
practitioners, David Yesdresyski and Britta Kristensen,
young lawyers whom I am sure will go on to leave their indelible
mark on the law.
I continue to love and enjoy the law; however, following
the death of my dear friend Ross McBain in 2002, I decided
that it was time to leave – at that time I elected
on 30 April 2004 to sail around the world – to follow
my long-held and deeply felt passion to accomplish that!
I shall. Interspersed with that, I shall have the opportunity
to live and work at my farm.
My practice will be sold and continued by lawyers I choose
– my clients will be well attended to. I shall miss
them keenly. I shall also miss the excellent people who
have worked with me over the years – they were wonderful.
However, I am not yet finished with Law. I have an application
pending for admission to a graduate program at Trinity College
in Dublin, Ireland, commencing in the fall term of 2006
– I hope they accept me!
To know that you know, and to know
that you don't know – that is the real wisdom.
– Confucius
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