![handle is hein.journals/bebalenw3 and id is 1 raw text is: BENC'H
AND
BAR
THE NATIONAL LEGAL NEWSPAPER
Vol. 3 January 4, 1933 No. 1
New Bankruptcy Official
Outlines New 'Provisions
In Address at Montreal
Nearly Two Hundred Gather
to Hear Finer Points of Act
W. J. Reilley, K.C., the new Do-
minion Superintendent of Bank-
ruptcy, paid a visit to Montreal,
December 15th, to explain some of
the finer points in the working out
of the new Provisions of the Bank-
ruptcy Act which came into force
December lst. He addressed the
Society of Chartered Accountants
and later a gathering of close to two
hundred persons, among them trus-
tees, former trustees and lawyers,
signifying the wide spread interest
and need for interpretation of many
of the new provisions.
Mr. Reilley's address was really a
definition of his position, a statement
of the action he will take toward his
job of seeing that the trustees do
theirs.
He was forced to start from one
hypothesis, he said, and that was
that the situation as it existed in
Montreal under the old act had to
be remedied. He had no intention
of discussing who was to blame for
that situation, but merely wanted to
indicate what should be done and
would be done to carry out, not only
the letter, but the spirit of the
amended act.
Causes of unsatisfactory admin-
istration of bankrupt estates may
come from one of three sources, dis-
honest creditors, dishonest debtors
or unsatisfactory trustees.
The remedy for that state of af-
fairs had been inserted in the Bank-
ruptcy Act, with provisions where a
(Continued on page 12)
NEW ADMIRALTY JUDGE
Judge Frank M. Field has
been appointed Judge of the
Admiralty Court to succeed
the late Mr. Justice Hodgins.
Judge F. M. Morson, who was
appointed to act during the
illness of Mr. Justice Hodgins,
requested the authorities at
Ottawa to be relieved of the
duties owing to the pressure
of other judicial work.
His Honour's new duties will
be additional to his work in
York County criminal and
civil courts. Judge Field is a
native of Cobourg.
ORDER-IN-COUNCIL
A by-law of the Workmen's Com-
pensation Commission passed under
the authority of S. 77 of the Work-
men's Compensation Act of Que-
bec, 1931 (21 Geo. V, cap. 100), was
approved by Order-in-Council No.
2800, dated 24th November, 1932, as
By-law No. 5A. It enacts that a saw-
mill industry is only subject to thu
Act under the following two condi-
tions: -
1. When generally employing seven
or more workmen; and
2. When it constitutes the princi-
pal industry of the employer or an
operation incidental to any industry
subject to the authority of said Act;
The industry thus excluded from
the operation of the Act may, how-
ever, upon application by the em-
ployer to the Secretary of the Com-
mission pursuant to article 78, be
added to schedule 1.
The assessment which may be im-
posed shall never be less than $50.00
The Order-in-Council No. 2751,
dated Nov. 17th, 1932, is rescinded.
THIRD GENERATION ON BENCH
(Dupras and Coles photo)
The Honourable Mr. Justice
ERROL M. W. McDOUGALL
Newly Appointed Puisne Judge, Superior Court, Montreal
On the advice of the Minister of
Justice the Federal Government on
December 2nd appointed Mr. Errol
Malcolm William McDougall, K.C.,
of Montreal, to the Bench of the Su-
perior Court of Quebec, Montreal
District, to fill the vacancy created
by the death of Mr. Justice Patter-
son.
Mr. MeDou.,,all's aptitude for ju-
dicial office has been proved since
September 12th, 1930, wheni he was
appointed Reparations Commissioner
to deal with illegal warfare claims
arising out of the late War. Of these
claims Mr. McDougal has success-
fully disposed of and written deci-
sions on 991 cases with 200 more yet
to be heard.
Mr. McDougall's father, the late
Mr. Justice J. M. McDougall, and
his grandfather, the late Mr. Justice
William McDougall, were both pro-
minent jurists of Quebec, and this
appointment will continue a line of
distinguished judgeships in the Mc-
Dougall family to the third genera-
tion, the appointee in each case be-
ing the eldest son and Canadian
born.
His Lordship was born in Three
Rivers, P.Q., on November 19th,
1881, and after a primary education
at the public and high schools of
Montreal he went to Scotland and
attended the Merchiston Castle
School in Edinburgh. Returning to
Montreal he entered McGill Univer-
sity and while there won renown
as a footballer, athlete and scholar.
He graduated with the law class of
1904 with his degree of Bachelor of
Law and won the Macdonald Tra-
velling Scholarship in Law that
year, taking advantage of this valu-
able prize he went to France, study-
ing at the universities of Grenoble,
Dijon and the famous Sorbonne in
Paris.
He was called to the Quebec Bar
in 1906 and shortly afterwards joined
the firm of McGibbon, Casgrain,
Ryan & Mitchell with whom he con-
tinued until 1928 when he formed
with Mr. Casgrain the partnership
of Casgrairi & McDougall. This firm
is now known as Casgrain, McDou-
gall, Demers & Lynch-Staunton, 132
St- James Street, Montreal.
In his many years of practice at
the Quebec Bar, Mr. Justice Mc-
Dougall has been very successful
particularly with commercial and
admiralty law to which he gave
special attention. A most popular
member of the Bar he was for many
years on the Council of the Mont-
real Bar Association and in 1917 was
created a King's Counsel.
Prepared for his life's work by
exceptional instruction at some of
the finest institutions here and
abroad and possessing extensive
legal knowledge and a keen judicial
mind, His Lordship is quite pre-
pared for this honoured position.
Though of a quiet and unassuming
disposition he possesses a natural
personality that attracts friends and
holds them securely and consequent-
ly is very popular in legal circles,
and we feel that the judiciary and
members of the profession will join
BENCH AND BAR at this time in
wishing the new judge success and
longevity and that be will long con-
tinue to be a member of our es-
teemed judiciary-
On December 30th, 1908, His Lord-
ship Married Mary Winnifred Ran-
kin, daughter of the late Colin
Rankin, chief factor of the Hudson
Bay Co. at Mattawa, Ont. Two of
(Continued on page 4)
IN THIS ISSUE
With the Judiciary .......... '3
Useful Forms-Ontario 3
Law Society of U.C. . 4
Investment Guides ............. 5
Recent Decisions 6, 7, 8
Insurance Review ............ 9
Manitoba Bar Association Meeting
Deals With Two Important Problems
Agreement Reached With Trust WINS TYRRELL MEDAL
Companies Doing Business
in Manitoba The Royal Society of Canada
--_ has awarded the Flavelle
By J. RAGNAR JOHNSON Medal for 1933 to Dr. Joseph
Burr Tyrrell of Toronto, and
The annual meeting of the Mani- the Tyrrell Medal to Judge
toba Bar Association was held at Frederick W. Howay of New
the Marlborough Hotel and Mani- Westminster.
toba Club, Winnipeg, on Friday, De- Judge Howay, who receives
cember 2nd. the Tyrreli Medal, is widely
The morning business session recognized as an authority on
opened at the Marlborough Hotel early history of British Co-
with the presidential address of hnnmbin.
Colonel Harold J. Riley, K.C., presi- He is president of the Can-
dent of the Association. Colonel adian Historical Association,
Riley outlined the year's activities and has been president of the
and summarized the matters that English section of the Royal
had come before the executive. Society of Canada.
Two of the noteworthy problems He is the author of more
dealt with were the stand adopted than one history of British-
by the Association on the proposed Columbia.
reduction by the Manitoba Govern-
ment of the number of judges in the
Court of Appeal and the Court of
King's Bench, and the successful TO CONDUCT INQUIRY
culmination of a working arrange- His Honour B. F. Justin of Bramp-
ment between the bar and trust ton, retired Pee] County Judge, was
companies doing business in Maui- named December 14th to conduct
toba, in regard to certain legal and a' inquiry into the alleged relief
quasi-legal services rendered by irregularities in Northern Ontario.
such companies.
There followed the report of the ONTARIO PAROLE BOARD
treasurer, R. B. MacInnes, which Appointment of Leon J. Long,
showed that the Association enjoyed Stratford, barrister, to the Ontario
a favourable financial standing and Board of Parole, has been announced
that there are 245 paid up members, from Queen's Park, Toronto.
The report of the Manitoba Bar Mr. Long will fill the vacancy -cre-
News, the official publication of the ated by Mr. Justice Patrick Kerwin
Manitoba Bar Association, was made of Guelph on his retirement follow-
by its editor, J. Ragnar Johnson. ing his elevation to the bench.
President Elected
The election of president then took SASKATOON BAR SOCIETY
place and Colonel Harold J. Riley, HOLDS ANNUAL
K.C., was unanimously re-elected BANQUET
president for another year. Gathering for their annual ban-
Nominations were received for the quet at the Saskatoon Club, Novem-
new executive and the election of ber 26th, members of the Saskatoon
the executive will take place by Bar Association had as their guests
mail ballot. The appointment of of honour Judges C. H1. Bell and E.
officers and chairman of committees A. C. Mcaorg. Judge Bell, for-
will be made from those so chosen. merly district court judge at Wyn-
Memorial Resolution yard, and more recently incumbent
A memorial resolution recording of that office at Saskatoon during
the appreciation of the Association Judge McLorg's six months' leave of
(Continued on page 5) absence, was complimented on his
ELECTED PRESIDENT
At a meeting of the Benchers of
the Saskatchewan Law Society on
December 5th, H. G. Sparling, K.C.,
of North Battleford, was elected
President of the Society.
fairness to members of the Saska-
toon Bar and given a hearty fare-
well on his impending departure for
the judicial district of Battleford.
Judge McLorg was welcomed home.
David Taylor, president of the asso-
ciation, was in the chair.
Finley Ewart Perrin, K.C., of London,Ont.
Appointed County Court Judge for Oxford
Finley Ewart Perrin, K.C., promi-
nent in London legal affairs for more
than 30 years, has been appointed
county court judge for Oxford. Mr.
Perrin succeeds Judge J. G. Wallace,
who retired from office December
1st.
Mr. Perrin is a member of the
legal firm of Vacpherson, Perrin and
Carrothers, and has been engaged in
practice there since his graduation
from Osgoode Hall with the class of
1899. Following the conclusion of
his studies, he entered into partner-
ship with John Miller McEvoy, now
Mr. Justice McEvoy, of the Ontario
Supreme Court, under the firm name
of McEvoy and Perrin. This asso-
ciation continued for seven years,
and in 1906 Mr. Perrin arranged a
co-partnership with John Macpher-
son. This partnership continued
until Mr. Macpherson's death five
years ago. Afterwards the firm was
reorganized.
The new judge has been especial-
ly active in the affairs of the Middle-
sex Law Association and was secre-
tary of this body for nine years.
Afterwards he became president, and
after retiring from the presidential
chair was elected treasurer, a post
which he filled for some time. At
the present he is a trustee of the
association.
Mr. Perrin, in addition to his work
in legal and legal association circles,
has been on the staff of the College
of Arts, University of Western On-
tario, for a number of years. He is
senior lecturer in government and
law at the present time. He has
also been interested in club circles.
Born in London on November 8,
1869, Mr. Perrin was educated at the
public schools, the London Collegiate
Institute and the University of To-
ronto, from which institution lie re-
ceived the degree of B.A. in 1892.
He graduated from Osgoode Hall in
1899 and was created a K.C. four
years ago.](ViewImageLocal?handle=hein.journals/bebalenw3&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most