Stephen Alexander SMITH

1958 - 2022

STEPHEN ALEXANDER SMITH 1958 - 2022 Stephen Alexander Smith passed away peacefully at home in Toronto on November 29, 2022, surrounded by family and lots of love both near and far. Steve accomplished more in his 64 years than most would in two lifetimes - someone with immense talents in both the theoretical and practical worlds. He was a scholar, adventurer, athlete, devoted father and husband, all-round handyman, and chef extraordinaire. He proudly considered himself in the category of 'campsite improver' - but those who knew him recognize that his knack for leaving places better than he found them extended far beyond campgrounds. Steve continued to live an inspiring and active life following a cancer diagnosis eight years ago and a terminal diagnosis four years ago. He endured treatment after treatment with courage and humility, finishing another book and embarking on many more adventures during these years. Born in Toronto as the middle child to Eva (née Meyer von Bremen) and Paul Smith, Steve enjoyed an early life accumulating more than his fair share of trophies and accolades for athletic and academic achievements while living in Toronto, Ottawa, Winnipeg, Kingston, and Mississauga. He spent blissful summers at the family cottage 'The Red' in the Thousand Islands with sisters Karen and Charlotte, where he enjoyed many boyish pranks and joyous family times. His passion for adventure and travel began with a year-long tour of the US and Mexico in a beat-up van with his best friend, Ferd, leaving the minute they graduated high school. He would go on to travel most corners of the world over his lifetime by plane, canoe, bicycle, or foot. In 1981, Steve completed his undergraduate degree in political science at Queen's University. He then studied law at the University of Toronto, followed by a DPhil at Balliol College at the University of Oxford, supervised by the late Joseph Raz. During his doctoral studies at Oxford, Steve returned to Canada to clerk for Chief Justice Brian Dickson at the Supreme Court in 1989. His capacity for finishing his work in record time so he could enjoy a daily bike ride or cross-country ski left others in awe, ever the efficient scholar-athlete. While in Ottawa, Steve was introduced to Susan Law, who was to be his paddling partner on a three-week trip with friends John and Liz on the Nahanni River in the Northwest Territories. Susan and Steve married in 1991 after moving back to Oxford where he assumed his first academic position as Tutor and Senior Fellow in Law at St. Anne's College. They spent seven wonderful years in Oxford where their three children were born - Jamie (1992), Michael (1993) and Jennifer (1997). Returning to Canada in 1998, Steve joined the McGill University Faculty of Law where he taught and researched common and civil private law and legal theory. He is internationally recognized for significant contributions to the understanding of contracts, torts, and private law remedies. He is the author of Contract Theory (2004), Atiyah's Introduction to the Law of Contract, 6th ed. (2005), and Rights, Wrongs, and Injustices: The Structure of Remedial Law (2019). Despite the abstract and serious nature of this work, he was famous for using examples involving his children and family in his writing and classroom teaching. What mattered most to him - his family - was never far from mind. Throughout his career, he received numerous awards and visiting fellowships from universities around the world, including recently in Singapore, Australia, and New Zealand. In 2020, he was elected to the Royal Society of Canada. Steve liked to joke that his academic works were so narrowly focused that only a few specialized scholars around the globe read what he wrote. We know from the outpouring of letters from colleagues and students that this was not so. He was deeply and widely admired for his academic work but also for being a fearless leader, constant friend, and a pillar of strength when needed by colleagues in times of personal and academic challenge. Colleagues have organized to write a collection of essays in his honour. Steve, in his characteristically humble and academically-spirited way, provided them with a list of his arguments to which they might object in their essays. Steve's passion for hiking, white-water paddling, cycling, squash and badminton, cross-country skiing, and exploring the world was unmatched. He instilled a life-long appreciation for the outdoors and adventure amongst his children and inspired many friends who were brought along to taste his incredible campfire culinary creations. Canada is dotted with the many rivers and lakes he travelled in canoe and kayak - many under the expert and experienced guidance of friends Dave and Cathy. He was the proud recipient of seven Canadian Ski Marathon gold bars, completing most in the company of his son Jamie and dear friends from the Viking Ski Club. His energy was endless. When he wasn't busy trip-planning, working, or out on an adventure, Steve was renovating and improving his family home - where over many years, going room by room, he renovated the entire house. He is survived by his wife, Susan; children, Jamie (Diana), Michael (Stephanie), and Jennifer; as well as sisters, Karen (Bill) and Charlotte (Tom). Forever close in their hearts. Special thanks to the stellar care provided by the team at Princess Margaret Hospital, notably Drs. Monika Krzyzanowska and Lucy Ma for many years, and more recently the community care palliative team. A celebration of life will be held in Montreal. Please contact the family for details. In lieu of flowers, please consider a contribution to the Canadian Parks and Wilderness Society (https://cpaws.org/), Outward Bound (https://www.outwardbound.ca/), or a Charity of Your Choice.