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Kenneth W. SCOTT
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KENNETH W. SCOTT, Q.C. On April 14, 2020, in his 89th year, Ken Scott passed away peacefully at the Golden Plough Lodge in Cobourg, Ontario. Ken Scott was the consummate lawyer, mentor and friend. Ken's legal career began at Osgoode Hall Law School, from which he graduated as a member of the Class of 1955. His life as a lawyer began when he joined Borden & Elliot in 1957. There he worked with Bill Sommerville, one of the great insurance defence counsel of his generation and Ken's close colleague. Soon, Ken became a mainstay of Borden & Elliot's stable of litigators, becoming a Partner in 1967. In 1972, he was appointed Queen's Counsel. Ken was also proud to have served as a member of the Executive Committee of Borden & Elliot in the '80s and '90s, and to have been a partner of Borden Ladner Gervais LLP from its creation as a national firm in 2000. As Ken had articled at one of Canada's major surety bonding companies, USF&G Insurance Company of Canada, it was natural for him to develop into a surety law expert, and Ken actively developed this expertise to become a leader in the field. For decades, he was recognized by both the Canadian and U.S. surety and fidelity law bars, and by industry representatives in both countries, as top counsel in Canada, a distinction he shared only with his good friend Vince O'Donnell of Lavery de Billy in Montreal. Appropriately, Ken's license plate was 'Surety.' Ken's qualities as a lawyer and a man earned him the loyalty of colleagues and clients alike. His great friend and client, John Barrans, worked with Ken over five decades, a relationship that ended only with John's death. There is a wonderful photograph of Ken and John that appeared in the Toronto Sun. It depicts them together at the first Blue Jays Home Opener at Exhibition Stadium, bundled up against the cold, snow swirling around them, hotdogs in hand, grinning - a pose that was reprised in a photo taken at the Blue Jays' 25th Opening Day. Ken practiced actively right up to his retirement from BLG. In 1997, he argued and won the Gordon Capital case before the Supreme Court of Canada, one of the leading cases in Canada on the law of rescission. This was a case where Ken set the strategy for the client in its formative phase and then saw the case through to Canada's highest court. In 1998, Ken was made one of the Founding Fellows of the Canadian College of Construction Lawyers. In 2004, Ken completed his last construction trial, a major matter involving a complex claim under a Builder's Risk policy, acting for CN Rail, mere hours before his retirement. Ken Scott was a gifted strategist of complex cases; a procedural genius who won cases based upon the execution of a careful game plan, including creative procedural battles; a cross- examiner of almost unequalled tenacity; and an advocate who could explain complex arguments in simple terms. At the same time, he had a great interest in literature, baseball, art and architecture, his dogs, and he was a great story-teller with a fine sense of humour and a taste for a dry gin martini.

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Published in The Globe and Mail from Apr. 17 to Apr. 21, 2020.
Memories & Condolences
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9 entries
December 5, 2020
I only met him twice, but my friend Pat fell in love with him and I am sure they had a great life together. I am trying to get in contact with Pat. If any one can get us connected in any way, please let me know.
Debra Bodner
December 4, 2020
Pat Marshall, I hope this gets to you. So sad for your loss. please call me at 604 251 6033. Would love to talk to you..
Debra Bodner
April 29, 2020
My sisters and I would like to send our condolences to Ken's family . Ken was a great friend to our father, John Barrans. They had many great memories particularly attending Baseball's spring training in Dunedin each year. Ken was very supportive to our family when our father passed away. I am sure they will be having some fun times together again.
Pam Desrochers
April 23, 2020
I spent my entire professional life in the corporate department of Borden Elliot/BLG, becoming partner in 1973 and retiring in 2004. Ken introduced me to construction and surety law. He used me from time to time to draft various corporate documents and agreements that he required, and soon had his colleagues doing the same. This became an interesting (dare I say enjoyable) part of my practice.

My condolences to Ken's family and friends. He was a true gentleman indeed.
James McNair
April 21, 2020
I send my condolences and love to Ken's daughters, Janet, Elizabeth and Christina, and to their children, Ken and Joyce's seven grandchildren. Ken and I were good and loyal friends for many years, starting when we worked at the USF&G, and he was a caring boss during the 25 years when I worked for him at Borden & Elliot. I miss him greatly.
Nancy Stokes
Nancy Stokes
April 18, 2020
To Ken Scott's three Daughters, Grandchildren and Family:

I am so sorry for your loss. I worked at B & E for many years and sat just outside his office with Nancy Stokes, his good friend and secretary, on the 7th Floor at 250 University Avenue, until she became a Law Clerk and then with Lynn Heipel, his secretary after that. Nancy was very good friend of your Mom, Joyce Scott, and often spoke of you all.

Mr. Scott was such a gentleman. I remember he and Mr. Barrans going out for lunch regularly.

May he rest in peace.


Susan Quigley
April 17, 2020
Pat: I am sorry to hear that Ken died. I joined Borden & Elliot in 1974 and Ken was the first partner to tell me I had a raise of $1000 upon my call to the Bar!
Ken was a good partner and a fine gentleman.
Tim Bates
Tim Bates
April 17, 2020
Rob Russell
April 17, 2020
Rob Russel
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