In memory of

Donald Bowman

July 14, 1933 -  June 8, 2022

Donald George Hugh Bowman (retired Chief Justice, Tax Court of Canada) passed away peacefully on June 8, 2022. He is survived by his wife Marjorie, his brother David, his children, Laurel (James Young), Patrick (Barbara Cox) and Victoria (Charles Van Vliet), and his grandchildren Kathleen, Julia, Piers, Anitra, and Edward.

Our father was born on a hundred-acre farm in Ariss, Ontario, in 1933 – the same year the farm’s barn burned down. As his father Howard remarked, “Two disasters in one year!” This may explain our father’s unorthodox sense of humour. Whether barbequing at the family cottage in a chef's apron and hat - and nothing else - or firing back, when a doctor demanded a spoken sentence after surgery, “The square on the hypotenuse is equal to the sum of the squares on the other two sides!”, humour was rarely far from his side.

After his primary education in a one-room schoolhouse near Ariss, he made his way to Victoria University in Toronto on a languages scholarship, becoming fluent in French and German, and meeting our mother Marjorie Holmes. Realising that he had met the love of his life, he proposed on their fourth date, and frequently thereafter. It was in Cologne that she finally accepted, and they married in 1956. His instincts were spot on: her unwavering support was instrumental to his success as a lawyer and later as a judge. Eschewing an existence of, in his phrase, “bovine domesticity”, they created a household where intellectual curiosity and lively debate were prized. A frequent pastime was to play tapes of classical literature while driving, periodically pausing playback to discuss the commentary.

His early jobs hint at his diverse interests: oil well roughneck in Alberta; lumberjack in B.C.; Fuller Brush salesman and driving examiner in Ontario; gym teacher in Fergus; and English teacher in Germany. He enrolled in law at the University of Toronto, studying full time while our mother supported the family as a teacher and looked after their first child, Laurel.

He passed on his deep love of reading to all his children, not only as habit, but in the form of a sprawling, eclectic library of subjects mainstream and esoteric, including historical collections of bibles, encyclopaedias and law books. He was famous for going nowhere without his collection of reference books, including the suitcase stuffed with thirty pounds of books that attended him on his vacation in China in 2010.

Both at the family farm, carefully restored and preserved according to his vision, and at the family cottage, he was ever the unpredictable life of the party, pressing a drink into your hand one moment and blasting Saint Saens’ organ concerto across the lake the next. He adored his grandchildren, taking an interest in their studies when he wasn’t taking them to the dollar store.

After his call to the bar in 1962 he took a position at the Department of Justice in Ottawa, becoming director of the tax litigation section six years later. In 1971 he joined a partnership at the new Toronto law office of Stikeman, Elliott, Robarts and Bowman to lead the tax practice.

When, in 1991, he accepted a judgeship on the Tax Court of Canada, he finally felt he had arrived at the place he was truly suited for – somewhere that his talents were fully engaged and where he could make an enduring contribution. And contribute he did. Moving up to Assistant Chief Justice (or “Ass C J”, as he cheerfully pointed out on his letterhead) in 2003, he was appointed Chief Justice in 2005 before retiring at 75, as judges must, in 2008. Still highly energetic, he returned to private practice at Denton's (formerly FMC).

But it was in his judgements that his contribution was strongest. He preferred to write them himself, crafting them in longhand with a wooden fountain pen in a careful but almost entirely illegible hand. His deeply thoughtful intellect and creative flair were evident in them all. Still frequently cited, his judgements were snapped up eagerly by tax law devotees across Canada and appreciated as much for their clarity and depth of analysis as for their uniquely “Bowmanesque” readability. Although humble about his accomplishments, he was often described as the Lord Denning of the Canadian Tax Court.

He was sometimes called a “people’s judge”, but he would deny that. He argued that he went where the law required, but where that law was ambiguous or the tax department heavy-handed, he might incline toward the taxpayer.

This strong, earthy sense of right and wrong and his instinct for the pithy phrase – his judgements are quoted almost as often as they're cited – were among the reasons that the Donald G.H. Bowman National Tax Moot was founded in 2011. The moot, an annual, mock tax court competition for law school students from across the country, continues to honour his contribution to Canadian tax jurisprudence.

Although his professional contributions were impressive, he often said that he was prouder of his family than of any contributions he may have made to the law.

We will hold a celebration of life for him on September 23rd at four pm at the Mount Pleasant Funeral Home at 375 Mount Pleasant Avenue in Toronto, and an ash ceremony at the family farm on September 25th. In lieu of flowers, please consider a donation to the United Nations High Commissioner for Refugees (http://unhcr.org). A link to livestream the Celebration of Life will be available at the top of this page at approximately 3:45 pm on September 23rd and a recording will be posted shortly afterwards under the "Media" tab on this page.

Guestbook 

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Wendy Smith (Niece)

Entered August 16, 2022 from Ottawa, Ontario

I will miss you Uncle Don. Love.

Bert Winfield (Old Friend)

Entered August 17, 2022 from PORT STANLEY

Don was always an inspiration whether it be playing euchre all night at the farm or having dinner and conversation in Ottawa. His wit and dry humour will be missed after over 70 years of friendship. RIP Don.

Ian Burt (Nephew)

Entered September 22, 2022 from Cincinnati, OH

Aunt Marj, Laurel, Patrick, Victoria, et al,

Uncle Don was one-of-a-kind, without a doubt. T and I have kept all of you in our thoughts and we'll see you at the farm on Sunday.

Love,
Ian

Allison Blackler (Former clerk)

Entered September 23, 2022 from Vancouver

The Chief was truly an exceptional lawyer and judge, and contributed so much to the landscape of Canadian tax law. But I am so grateful to have had the chance to know him personally, so I could see what an incredibly kind, generous man he was as well.

I had the very real honour and pleasure to work with him one-on-one on a long trial while I was clerking at the Court and I can’t tell you how much I learned in that time. He was smart, insightful, had a prodigious memory and always knew the right question to ask to get to the heart of the issue. But he was also playful and funny, wore bow ties when he felt happy, and giggled with mirth when I called him a ‘cheeky monkey’ (and reminded me of that when I saw him years later!). One morning, we were talking in his chambers before the hearing started that day and he was fiddling with his bow tie while he spoke, then all of a sudden he dropped his hands and smiled sheepishly. He said ‘I was trying to show off for you, but I can’t tie this damn thing without looking in the mirror’. That smile would melt your heart every time.

He made me write two judgements for that case, one with the taxpayer winning and one with the taxpayer losing, and it was the best exercise I’ve ever gone through, as it taught me to always seek to truly understand both sides of any dispute. We also talked about how it can be scary being a new lawyer, but he told me to embrace that flutter of fear in my belly. He said that it tells you that are exploring, and learning, and growing, and once that feeling is gone, it’s time to move on, to find a new challenge to make you feel fluttery all over. I am 100% a better lawyer because of him.

I am so so sad that he has passed. He was a mountain of a man and I will miss him.

Janet D Kennedy (high school friend of Laurel)

Entered September 23, 2022 from Elmira

Laurel and family, I am sorry for your loss. Your father sounds like an interesting man and I wish I could have known him.

Photos 

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