David was a fine man.  Brilliant, but humble, witty and kind.  Many years after meetings with him to discuss criminal cases, I remember with admiration his legal skills and insights.  My thoughts are with Bailey and Robert at this most difficult time.

I am so deeply sad that David has passed.  It's terrible when the world loses such a great one. I have delayed writing this note because it's hard to capture in words the warmth and humanity that was David. 

David was a colleague and a friend. We got to work together at the PPSC and the NCLP.  David loved the law.  He was a persuasive advocate with a big legal brain.  I loved debating the law with him.  He was also generous with that brain.  He was constructive and engaging as a mentor and was always there to support and lift others. When my load was too heavy in Toronto he took some Toronto work on in Halifax. What was so special about that was not just that he helped but that he noticed, without me saying anything, that I needed the help. He was the very best kind of colleague and friend.

David was also so refreshingly positive.  Even when the world was pummeling him with lemons that no one ought to have to bear, David would put on a brave face and send funny pictures of himself that demonstrated such resilience.  

What David loved even more than the law was his family.  He loved you all so much - he was such a proud papa.  My heart is with you all today as you celebrate the incredible person that he was.  I hope your memories bring you comfort.  I will have a special place in my heart for David always and will memorialize him by trying to be like him.  Generous of mind and heart.  Brave and positive in the face of adversity.  I wish I could be here today.  Sending all the love.  xo

We fondly recall the hours we spent with David and Bailey in their beautiful garden. He loved this space. Indeed, the garden was a metaphor of his life: it was sprawling, exuberant; a lush tapestry of colour, smells, and texture. It had smooth and tangled edges. Like the weekly cryptic crossword, of which he was a master. David’s garden reflected his smile and enormous sense of good humour. It challenged one’s senses and imagination. It was also a place of calm and serenity. His observations  about the law, the flora and humanity flowed effortlessly . It was his refuge.  David’s personality, intelligence and bonhomie was manifest. We cherish those memories.

David and his younger brothers (the boys) were a very important part of my childhood during the time that they lived in South Africa – they were in fact the only boys that I liked at that time. Even though I was 11 months older than David, his creativity, brilliance and enthusiasm meant that he was usually the leader in everything we did, from building volcanos in the sandpit, to collecting snails, breaking rocks and wetting them to intensify the beautiful colours inside, and many pretend games. We also put on plays together – this picture is from our final and triumphant play before the family left for Canada.

I am so sad that I will not be able to see David again.

Beverley Moss-Morris (cousin and sister to Rona and Amanda)

I met David back in 2020 when I started as a legal assistant at PPSC.  He was always one to joke with and his laugh (kind of like mine) was infectious.  David was much more than an intelligent lawyer - kind, funny, caring, interesting, emphatic and full of life!  He will be missed by his family, friends, colleagues and so many more who he touched. Rest easy, David. 

Hillary

I met David almost 20 years ago when I started my career at PPSC.  He was kind, personable, funny, insightful and always said "hi" to me whenever we would cross paths in the hallway or elevator.  I only ended up spending 6 months at PPSC before moving from the 11th up to the 14th floor...a world away! Years passed and most of us forgot I ever worked at PPSC, even me!  Not David though.  David always remembered.  He never stopped saying "hello" and asking how things were as if we were still just colleagues across the hall from one another.  I am sorry to hear he was ill and even sorrier for his loss.  My sympathies to Bailey and family.

Saddened to hear this tragic news.  Sending condolences to Lady Susan Steyn, my cousin Josie Robson and all the family.  David was so kind to me when I was in Canada in the 80s!  He was a student then. He taught me all about cast iron pan cooking (I still use them) and the cost effectiveness of lentils!   What a loss to the legal profession in Canada. May David rest in peace.

Montebello June 2023, David and Bailey with Aunt Susan.

David was the free-spirited and slightly older cousin who teased me and took me on adventures. 

There were 2 stand-out expeditions in the Transvaal (South Africa). 
When we were about ten years old, he led me across barren terrain for a treat: a dip in a disused swimming pool infested with algae, insects and frogs. David seemed to find this normal, so I pretended I did too. I lived in Washington DC at the time and was used to seeing pool water tested for quality. 

The second was a swim in a meandering river with snakes gliding by. I can remember their colours - vivid red, yellow and black markings. I glanced at David to see if he was cool with the situation. He was, so I carried on swimming. 

David was a Mowgli figure in those days, unflappable, fun, adventurous and mysterious. He was a leader in a pack of cousins. Our parents were oblivious to the wildness of our pursuits and it made for a golden childhood and a special closeness. 

The pattern was: David would create adventure for us, and then, when he'd done his stuff, and wanted time on his own, would vanish. We never knew where: he was clever and could be secretive. 

As an adult, David would just show up. He was a constant in my life and clearly cared about family. 

In June 2023, David and Bailey made a special trip, driving from Halifax to Montebello.
It was the last time we would see him and we had fun. He took us to see the most beautiful waterfalls deep in the woods. He sat with his 86 year-old Auntie Sue and they reminisced while enjoying a smoke (or, was it more?) together! 
David's presence was always reassuring, especially in tough times. 

When I visited  Jonah in Toronto in August this year, we face-timed David. He looked uncomfortable, but resolute, and gave us a big thumbs-up.

I will remember David for his humour, informality, confidence, kindness, gentle authority, the precision of his language and for the depth of his thinking -  and his laughter! He understood what was important in Life.

When I was in 1L I had the privilege of being in Professor Schermbrucker’s B6 small group for Criminal Law. A subject I had always been interested in, but one that he brought to life in a way that left a lasting impression.

He was a truly genuine professor, deeply passionate about the material and equally dedicated to his students' growth. Professor Schermbrucker had a way of challenging us to think critically and step outside our comfort zones, always with the goal of helping us become better thinkers and, ultimately, better lawyers. He constantly reminded us that he was there for us not just as a professor, but as a mentor and support system.

I will forever be grateful to have learned from him during such a formative time in my legal education. His legacy will live on through the many students he inspired, supported, and believed in.

Karen,
I'm so sorry for your loss. I admired David's intelligence, willingness to help and mentor, his sense of humor, and his admiration for you. He will be truly missed.
Jeff Peddle

It is with deep sadness that I write this message. It’s hard to believe that David is gone. I have so many fond memories of my wonderful boy cousins in this picture and the years we shared growing up in South Africa, both in Cape Town and at Happy Acres in Magaliesberg.  Being a little younger than David, I was a little in awe of him—he was smart, endlessly capable, and good at sport, a true role model. He was also very funny.

Like many of us scattered from Africa, we lost touch as adults, but we reconnected during difficult times. On those occasions, David always seemed to know exactly the right thing to say. He was a truly special person, and I feel lucky to have known him. 

My heartfelt condolences go to his family. I hope they can take some comfort in knowing how deeply he was admired and how fondly he will always be remembered.

David was a phenomenal educator and mentor. I had the privilege of having him for my criminal law small group this past year. He believed in all of us, and always encouraged us to grow, both professionally and personally. He brought an inspiring and welcoming atmosphere to the classroom, and will be missed by many. His legacy will live on through the many students he taught and inspired. My condolences to the family and friends of David for this great loss. Rest easy.

I was lucky to have the opportunity to help David teach the moot class at the law school over the last couple of years. He would often put me on the spot, pushing me to try and keep up with him academically, but truthfully, I was there taking notes just like the students.

Even during his illness, he kept teaching. I’ll never forget the day he mentioned, casually, that he was heading to treatment right after class - as if it were just another day. And then, when he returned (too soon) after surgery, simply asking if I could do most of the talking that day.

As I developed my appellate practice, David took the time to review my draft factums and offer thoughtful advice. His respect and understanding for both defence and prosecution work was inspiring.

Reading the many memories and condolences, it’s clear that David left behind a trail of “breadcrumbs” of kindness, mentorship, and wisdom for so many of us to follow.

My heartfelt condolences to his family. David was a truly special person, and he will be missed in the legal community, the courtroom and especially in the classroom.

Be seeing you around, David, mostly in the standard of review, which I always want to ignore. But you’re right, it does matter.

Dear Karen and Family-

How does the Defence remember David?  

He was "the Dude," the professional, the compassionate,  fun and funny advocate.  I  knew him as a Crown; he epitomized that role perfectly. He was the penultimate model prosecutor, fair and objective, and we always had a good time getting ready for a trial, doing the trial and (most recently) debating the merits of the appeal that was just argued. Not everyone has the time to call you up after and tell you how they think things went, but David did, 'cause he was the best!

David was a gem of a human being. He enriched the lives of so many along his journey. He was a constant source of encouragement, support, kindness and a smile. He will be remembered for his desire and ability to make the world a better place in every space he occupied.

I remember David as an energetic, positive, witty, cheerful, and generous person, full of life.  David was very welcoming to me at a difficult time in my life, and for that I am grateful.  My condolences to Karen, Robert,  Jonah, and the extended family members.

To David’s family and friends, I am so sorry for your loss. 

David  was my criminal law small group professor during my first year of law school. I will always be forever grateful for the support, encouragement, and care he showed me. Law school was a struggle for me, but David always had a kind word for me when I felt like giving up.  I was saddened to hear of his passing, and send my deepest sympathies to all of you.

I was deeply saddened to learn of David’s passing. Like so many others, I met him through NCLP. When I first joined the faculty, David reached out with kind words of encouragement. Without ever having met me, he offered to review my papers, completely unprompted. From the very beginning, he went out of his way to make me feel welcome.

Beyond his generosity toward newcomers, David was simply a wonderful person. He was funny, kind, and a real joy to be around.

I also had the good fortune to appear in two Supreme Court of Canada cases alongside him: once as opposing counsel, and once on the same side. In both cases, he proved himself to be a gifted and formidable advocate. He very clearly had the ear of the Court.  I must admit, I much preferred it when we were working on the same side of the courtroom!

My heart goes out to David's family. David will be fondly remembered by all who had the privilege to know him.

Sincere condolences,

Micah Rankin

I knew David first and primarily as a loving and devoted father and husband, and then as a steady sounding board and friend. He and Bailey were great supporters of me early in my teaching career, and of the Halifax Independent School community in general.

David was generous of spirit and time, and just as likely to be schlepping a moving box of classroom materials, or installing a bulletin board, to advising a school committee on a legal matter. He was warm, genuine, and appreciative, keen to swap stories, or share a good meal. I am grateful to have known, grown, listened and laughed with him, to have witnessed his affection for, and pride in, his family.

He will be fondly remembered and greatly missed. Sending strength and love to his family and loved ones.

Heather J.

David and I were roommates at law school, colleagues in private practice, and the best of friends for several years. Alas, having moved to opposite ends of the country, we let that lapse and rarely spoke. I am shattered by that and his passing.  Shared sorrow and wishes for peace to Bailey, Jonah, Robert, family, and friends past and present. Ave atque vale, David. Mac sends her love. J.

David was an intellectual giant, an outstanding advocate . . . And a truly lovely person.   May his memory endure . . . .

When David joined the federal prosecution service many years ago, he greatly enhanced a climate that fostered integrity, honesty, human decency, generosity, selflessness,  courage, kindness and compassion.  He was a truly great lawyer and colleague and friend and helped to encourage these qualities in all who were lucky enough to fall under his guidance and leadership.  And these things that marked his life are carried on in all those who knew and respected him.  How fortunate we have been to call him our colleague and friend!

I am so sorry to hear of David's passing. I had the great privilege of working for him years ago and I learned so much from him. My sincere condolences to all who loved him.

Tovarich, as we affectionately called each other, an eternity of peace.
In our years of Board and Coaching with the Halifax Hawks, you were the stalwart anchor of reason and support for providing the BEST experience to all the kids in Recreational Hockey. Heartbroken does not fully express my thoughts and feelings.  Looking forward to seeing you again when we will continue to  "jaw, jaw" about everything and nothing and have a terrific time doing so.

I came to know David through mutual Crown colleagues and NCLP. He was kind, funny, insightful, generous with his time and with his wisdom, deeply committed to mentorship and legal education. I am one of many who benefitted from his support and learned from his example. I am grateful to have known him, and I am sorry for the immensity of his loss. My deepest condolences to his family and friends, to whom I wish all the comfort and peace that their happy memories can bring.

David was a dedicated member of the Halifax Hawks Minor Hockey Association board for many years and was responsible for 100's of players taking up the sport successfully. His approach to U11 Hockey being the "farm team" for future competitive players was proved true on countless occasions. He was a true advocate of recreational hockey and on making sure all players had a great experience.

We are truly sorry to hear of his passing and grateful for all he did for so many of our current and past players.

Craig Robinson
Past President 
On behalf of Halifax Hawks Minor Hockey Association

My deepest & sincere condolences & sympathies on your tragic loss.
     You (& we) have lost a Great Man.
                     Phil Star

David was an adversary with a kind and generous spirit. The first time we met, he argued from the opposite side of the courtroom in my first appeal at the Supreme Court. I recall him answering challenging questions from the judges with aplomb. And after the hearing, we had lunch together, during which he was warm, genuine and hilarious. As a junior lawyer at the time, I was struck by how he made an effort to make me feel comfortable, without a hint of condescension. Without question, he embodied the highest virtues of a barrister. 

In the last case we participated together at the SCC, he appeared in his robes on Zoom with his books and notes strewn about… in a child’s bedroom. I prayed that the judges wouldn’t notice. Then looking at his signature unkempt hair, I realized that David probably didn’t notice either. 

I was very sad to hear of his passing. I will sorely miss catching up with him at the NCLP every summer, each of us seizing the chance to rib one another. I wish to extend my deepest condolences to David’s family, who were blessed to be loved by this wonderful man.

As a fairly recent call, I was one of countless students David guided at PPSC. He may not have known it, but David shaped my practice as a federal crown with his unending generosity of knowledge, incredible zeal for the law and justice, and his generosity and kindness as a person. 

From when I first joined the Halifax office as an articled clerk and then remained as junior counsel, I was often (cheerfully) dragged along and into complex litigation and appellate work by David. He was so respectful of and open to supporting my growing understanding of the law and what it meant to be a federal crown, and made it fun in the process. 

He was an incredible teacher and a warm presence in the office and he will be sorely missed, but I know I and many others will carry the lessons learned from David and his kindness throughout our professional lives.

David and I were colleagues in a street legal type of practice in Toronto in the 90’s. He was very smart and very energetic.  A great guy to work with and to have a beer or several with after work.  I was glad to learn of his success  in Halifax  where he rose to be top counsel with a national reputation for excellence appearing several times for the Feds in the Supreme Court of Canada.  
My condolences to Bailey and his children Jonah and  Robert and the rest of his family.

I knew David from his early days as defence counsel in Toronto and then again during his incredible 20 year run as a valued member of the Faculty of the National Criminal Law Program.  While on his feet, David was brilliant, funny, and ever so articulate. Outside of the ring, he was always a warm, generous and genuine friend.  David will be fondly remembered and sorely missed. My heartfelt condolences to his family.
Sincerely, Scott Fenton.

I remember David well, and fondly, from our years at Osgoode Hall, and our practica during the Criminal Intensive Program.  My condolences to his family and others in his life.

Dona eis requiem.

I had the privilege of meeting David 25 years ago when I joined the Department of Justice. I would often pick his "big brain" on the charter and criminal law issues. He was always available, friendly, warm, and kind. Over time, he would pop in my office to catch up and have a chat. He was simply lovely to be around. He was passionate about his work and devotion to the law. He was a pleasure to be around. I will miss him very much. Such a loss.

David was one of the most generous people I have ever met. Personally, he revelled in buying thoughtful little (or big!) gifts for no reason. I am sure everyone at the PPSC has a story of coming to work and finding an anonymous gift on their desk. It did not take long to piece together that it came from David because he remembered you said you liked products made out of recycled sails or your favourite fruit was kiwi. Personal generosity is one thing, but it takes a special kind of person to give so freely in a professional setting. He never hoarded knowledge or opportunities and he devoted huge amounts of time (and excitement) to help others advance professionally. He loved a good Charter debate and took true joy in discussing unsettled areas of criminal law. He approached everyday with a glint in his eye and an open heart. He touched so many lives and he is leaving a huge hole. There is not enough space or time to express how much he meant to me and my family and how much I am going to miss him.

Like so many, I first met David through the National Criminal Law Program, for which he was a pillar and chief enthusiast. I don't know if I've ever known anyone who would extend their time, generosity and friendship, so immediately and so willingly. I've been privileged to be a friend and colleague of David's over the years, and benefited from his advice and mentorship in countless ways; though if I'd ever said "mentorship," David would simply have smiled and changed the subject, because to him it was about collegiality. He gave a great deal of time to the law school and our students benefited from being taught by him across a range of courses, including our Criminal Appeals Practice course where his contribution was central. He was so funny, and spoke about his family with such love. He was one of the most human people I have ever met, and he is keenly missed.

David was a special soul. Kind and generous, empathetic and thoughtful, serious about his work but possessed of a tremendous sense of humour.  I join with so many others in the profession who have been profoundly affected by the news of his much too early passing. Our thoughts and prayers go out to Bailey and David’s entire family.

Sincere condolences to David’s family on their loss. 

David was an amazing colleague - eloquent, funny, intelligent, thoughtful and inspiring. I got to know David through his important contribution to the continuing legal education of the lawyers at the Public Prosecution Service of Canada: David was a captivating public speaker and a revered faculty member in the School for Prosecutors. 

I will miss him, as will many other fellow colleagues and friends.

I met David at the National Criminal Law Program when I started on the faculty in 2017. As Eric said, David was just a really great, caring, warm, and  interesting guy. He was also very thoughtful and committed to doing his work ethically. Given my work with Indigenous people we spent a lot of time discussing the problems with the criminal legal system and he was always engaged and willing to discuss challenging issues.

He was also a lot of fun and we had some great non-serious discussions as well. I remember at the faculty dinner in St. John's  I learned that when  David was an articling student in Toronto one of his firm's clients was the guitar player in my first high school band who had become a big drug importer (just marijuana and hashish apparently) and had accumulated a lot of properties in Kitchener Waterloo. Small world indeed.

In December I will be at the Supreme Court, along with Sarah White from Halifax who was also a friend of David's and Lee Sheshagiri for the Cope case. We will be representing Mr. Cope on an appeal brought by the Nova Scotia Crown. Over the summer I asked David if he would take a look at our factum and provide us comments. He took the time to give us very wise advice that we incorporated into the final document. I'm really happy that he will have a tangible presence with all of us when we argue the case on Ottawa.

My condolences to David's family, it is a huge loss but that's because he was such a great person.

May his memory be a blessing.

Jonathan

David Schermbrucker was special.
To me, he embodied what the NCLP was all about.
David was kind. He was one of the first lifetime faculty members that reached out to me when I first joined the program some thirteen years ago. He made a point of pulling me aside and touching base. He made me feel like a part of the team.
Over the years, David filled almost every role that exists in the Program. From solo lectures to point / counterpoints to his always zany and hilarious demonstrations, David always put his all into his performances. Only Cameron Gunn can rival his commitment to costuming at the Program.  Not only that, but David was also always one of the first people to put his hand up to write an extra paper, or be part of an extra panel, if someone couldn’t fulfil their obligations for one reason or another. He was the ultimate team player and he loved this Program.
David was also a central figure in the hospitality suite. In years past, he was often in charge of making sure that the fridge was properly stocked with all the appropriate libations. Further, he embraced the collegiality that is the ethos of our time spent together in that room, sharing stories of both victory and defeat.
David was social. He would often organize early morning walking tours for those members of the faculty that wanted to start their day early with a brisk walk and pleasant chatter. His humour, ever present (and sometimes awkward), always came from a good-natured place. He was a wonderful colleague and friend.
I will always remember on one of our travels to the East coast, David invited members of the faculty to visit his home and go for a long walk along the beach. We met his wife, Bailey, and glimpsed a little more of David through that brief window into his home life. It was a wonderful treat.
I will miss David going forward, as I have these past three years. For those of us that got to know David and work with him, we are all richer for it.
Eric G.

OBITUARY

David William Schermbrucker

September 3, 1961 – September 28, 2025

Cruikshank’s Halifax Funeral Home

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