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6 Bench & B.: Nat'l Legal Newspaper 1 (1936)

handle is hein.journals/bebalenw6 and id is 1 raw text is: BENCH AND BAR THE NATIONAL LEGAL NEWSPAPER Vol. 6 January, 1936 No. I 53 Take Silk In Manitoba And Ontario MANITOBA K.C.'s The following were named King's Counsel in the New Year's honours in Manitoba: M. J. Finklestein, C. M. Graban, J. K. Morton, A. S. Morrison, and B. V. Richardson, all of Winnipeg; and F. L. Davis of Neepawa. ONTARIO K.C.'s Forty-seven new K.C.'s have been named by Attorney-General Arthur Roebuck, K.C. Fourteen of them are Toronto men. Toronto men on the list art: G. W. Adams, A. H. Beaton, H. B. Bell, Robert Forsythe, Ross Hossack, R. E. Laidlaw, T. D. Leonard, E. Lavering, Benjamin Luxenberg, J. C. M. Mac- Beth, G. McLaughlin, J. D. McNish, J. L. Prentice, Walter Thomson. Others on the list are: W. Bartlett, W. H. Furlong, Windsor; A. W. Bix- ell, S. E. Bolton, F. Honeywell, W. Unger, Ottawa; C. A. Cameron, Belleville; E. W. Clairmont, Graven- hurst; J. B. Dalzell, Galt; R. Danis, Cornwall; L. A. Dauncey, Goderich; C. G. Dynes, J. J. Hunt, Hamilton; T. Forrestel, Fort Erie; D. Forrester, Paisley; H. Hamilton, J. A. MacInnes, Sault Ste. Marie; Frank Hammond, Barrie; J. G. Harvie, Orillia; V. H. Hatton, Kitchener; R. G. Ivey, Lon- don; Dean Kester, Timmins; R. F. Lyle, Morrisburg; W. H. Ormiston, Uxbridge; A. G. Parrish, Brockville; F. L. Pearson, Woodstock; Morgan Riddell, Stratford; Wilson Robinson, Oakville; J. G. Stambury, Exeter; Clarence Tuer, Haileybury; R. J. Waterous, Brantford; 0. K. Watson, Ridgetown; J. A. Wilson, Fergus. QUEBEC COURT BUSIER During 1935, 1741 suits were en- tered in the Superior Court of Que- bec. This is an increase over the previous year when 1239 actions were taken. Judgments rendered in 1935 totalled 263 compared with 272 in 1934. IMPOSING ARRAY OF K.C.'S IN TRUSTEE ACTION The recent application of the Na- tional Trust Company Limited, re- ceiver and manager of Great Lakes Paper Co. Ltd., and trustee under a $10,000,000 bond mortgage, for an order approving a sale to John E. Gefaell and Lynn E. Aldrich, of all the assets of the Great Lakes Paper Company Limited, brought forth an array of eminent counsel at Osgoode Hall, Toronto. Included among the counsel on the application which came before Mr. Justice MvEvoy at Osgoode Hall were I. F. Hellmuth, K.C. and H. M. Tory appearing for the National Trust Co. Ltd; W. N. Tilley, K.C. and A. J. Thompson, K.C., for J. E. Gefaell, and L. E. Aldrich, D. W. Lang, K.C. for the Minister of Lands and Forests of Ontario; R. S. Rob- ertson, K.C., for C. C. Calvin, a bond- holder; Beverley Matthews for In- land Coal and Dock Company, cre- ditors; George Gale for another bondholder. A. G. Slaght, K.C., ap- peared for Western Investments Limited; N. W. Rowell, K.C., for the Dominion Bank, Continental Illinois National Bank and Trust Company of Chicago, and D. L. McCarthy, K.C. and G. R. Munnoch, K.C., for The Mutual Life Assurance Co. and bondholders representing $2,254,000. The Rt. Hon. Arthur Meighen, K.C., chairman of the Bondholders' Pro- tective Committee, was also present. I ELEVATED TO B.C. BENCH I L Lawyers Fill Various Positions Bar Associations Hold Meetings Heads Benchers W. H. B. Spotton, K.C., Moose Jaw, Sask., was elected, president of the benchers of the Law Society of Sas- katchewan for 1936, at the quarterly convocation held in Regina. P. M Anderson, K.C., M.L.A., is vice- president. Vice Consul Richard A. Biggs has been named Swedish vice-consul for Toronto by a Swedish Royal Commission. Heads Bar Association E. W. S. Kane has been elected president of the Edmonton Bar As- sociation, succeeding Boyd McBride, K.C. The vice-president of the as- sociation is Bruce V. Massie, while H. T. Emery is secretary-treasurer. EL MR. JUSTICE MANSON In our November issue we noted the appointment to the Bench of the Supreme Court of British Columbia of Alexander Malcolm Manson, K.C. Mr. Justice Manson has now been sworn in and his elevation recalls to mind a career of which the keynote has been untiring effort to serve both the public and his clients. WICKWIRE HEADS JUNIOR BAR SOCIETY W. N. Wickwire, prominent young Halifax barrister, was elected presi- dent of the Junior Bar Society of Nova Scotia, at the annual meeting held in the Court House in Halifax recently. He succeeds Donald Mc- Innes. The president in his pre- liminary remarks suggested a fur- ther expansion and a more inclu- sive tableau of gatherings and activi- ties for the coming year. Other officers elected were as fol- lows: - Honorary President-F. D. Smith, K.C., president of the Nova Scotia Bar Association. 1st Vice-President Frank McIn- tyre. 2nd Vice - President - Donald G. Grant. Secretary-Joseph J. Powell. Treasurer-C. W. Clarke. Halifax Council Donald McInnis, R. A. Ritchie, Julius Rosenblum, R. A. Donahoe, T. D. MacDonald, Leo Rooney, Thomas Coffin. Provincial Council Alexander MacKinnon, Inverness; Alexander O'Handley, Victoria; John J. Cope- land, Richmond; Oswin Macdonald, Antigonish; Duncan Finlayson and C. M. Rosenblum, Cape Breton; A. W. Cameron, Guysboro; Cyril Coughlan, Lunenburg; Gerald Stew- art, Queens; Edward White, Shel- burne; P. L. Judge, Yarmouth; Har- old Nichols, Digby; Harrison Dow- ell, Annapolis; Gerald Dwyer, Kings; A. G. MacDonald, Hants; E. C. Hicks, Cumberland; G. J. Smith, Colchester; John MacQuarrie, Pictou. Gerald Coleman was appointed play manager and coach for the As- sociation's hockey team. A hearty vote of thanks was ten- dered to Donald McInnis and other members of the retiring executive for their fine work during their term of office. A seemingly infinite capacity for work has frequently been extended to its utmost. Had Mr. Manson chosen to limit his hours of work to those which are generally deemed sufficient to the profession, to limit his clients to those who could pay a reasonable return for the services rendered, he would today be a wealthy man, but he has never considered service from a pecuniary aspect. The good of the cause has always meant far more. It was once said of him that his re- creation was Work. Mr. Manson comes by his indus- try through ancestors of similar character. He was born of a Scottish father and a Scotch - Canadian mother, the daughter of the late Alexander McTavish, one of the well known pioneers of Western Ontario. In his early education he showed marked aptitude and ability at the University of Toronto where he was a first-class honour man throughout his whole course and later at Osgoode Hall. It is interesting to note how the law partnership of Williams and Manson began. Two students sat in the library of Osgoode Hall in June (Continued on page 3) MANITOBA JUDGES RE- CEIVE APPOINTMENTS Judge Gregory Barrett of the cen- tral judicial district of Manitoba, Judge S. E. Clement of the western judicial district, Judge F. E. E. Simpson of the northern judicial district, and Judge A. L. Bonny- castle of The Dauphin judicial dis- trict, have been appointed local judges of the Court of King's Bench of Manitoba. The appointments are for the duration of the time the judges hold the office of County Court judge for the district to which they were appointed. IN THIS ISSUE Interesting Cases ...................... 3 Drunken Drivers .. . 4 Financial Digest ....... 5 Comment on Recent Case 5 Recent Decisions........ 6, 7, 8, 9, 10, 11, 12 Melville M.L.A. E. W. Gerrand, K.C., of the firm of McKim and Gerrand, Melville, Sask., will represent Melville riding in the provincial legislature, having been elected by acclamation to suc- ceed Hon. J. G. Gardiner. Hamilton Mayor William Morrison, K.C., former member of Hamilton East in the On- (Continued on page 3) VANCOUVER BAR MEETS J. A. Clark, K.C., was elected president of the Vancouver Bar As- sociation st the annual meeting held at the beginning of December in the Hudson's Bay Company dining- room in Vancouver. The retiring president, Mr. A. Alexander, re- ceived a hearty ovation for the splendid work which he had done during the past year Mr. Alfred Bull, K.C., was elected vice - president and Mr. W. H. S. Dixon secretary-treasurer. On bal- lot the following executive commit- tee were declared elected: F. K. Col- lins, J. V. Clyne, Clarence Darling, Ghent Davis, W. S. Lane, R. L. Mait- land, K.C., J. E. McMullen, K.C., A. deB. McPhillips, Ian Shaw, Sidney Smith, R. P. Stockton and Knox Walkem. REGINA BAR MEETING The annual meeting of the Regina Bar Association was held on the 26th of November and took the form of a banquet. Mr. Justice Turgeon, Mr. Justice Mackenzie, Mr. Justice Martin and Mr. Justice Gordon of the Court of Appeal, and Chief Justice Brown, Mr. Justice H. Y. MacDonald of the Court of King's Bench, and Judge Doak and Judge Bryant of the Dis- trict Court, were guests. Mr. Justice Gordon and Judge Bryant were the guest speakers. Col. J. A. Cross, K.C., proposed the toast to the Bench and Bar, mak- ing special reference in his remarks to the new appointments to, the bench in Saskatchewan. Mr. Justice Turgeon replied on behalf of the bench. Mr. Justice Gordon in his address dealt with certain phases of proce- dure in the courts of Ontario, giv- ing his personal experience in prac- tising in the various courts in the city of Toronto. Judge Bryant expressed his pleas- ure at being present and his regrets on leaving so many old friends in the city of Regina. Officers of the association elected for the ensuing year are as follows: President, D. A. Grant; vice-presi- dent, J. W. Hill; secretary, D. M. Tyerman. MORE ABOUT BIKE- RIDING Consternation reigned in many centres in Canada fol- lowing re-publication of the edict of the courts in Warsaw banning the use of bikes by barristers except in spare time. Apparently many Canadian men of the law pedal their way about the courts and it is feared that a special meeting of the C.B.A. might be called to follow the lead of Poland. It is possible that scooters and roller skates may be added, thus making the matter of more far-reaching import. We propose to follow jealously the actions of the C.B.A. in the interest of all pedalers. WESTERN ONTARIO JUDGES PRESIDE AT TORONTO POLICE PROBE His Honour Duncan C. Ross and His Honour J. J. Coughlin were the judges chosen by Attorney-General Arthur W. Roebuck as royal com- missioners to investigate certain charges made that 26 Toronto con- stables were members of an organ- ized gang of thieves known as the 100 per cent. club. The action of the Ontario attor- ney-general in appointing two judges outside of the city of I oronto to act on the commission has been gener- ally commended. Both of the judges appointed, have had considerable previous experience as royal com- missioners. His Honour J. J. Coughlin is judge of the County Court of Essex at Windsor, and His Honour Duncan C. Ross, who is a son of the late Sir George Ross, is the County Court Judge at St. Thomas for the county of Elgin. Norman F. Newton, London crown attorney, who conducted the prose- cutions in the Labatt kidnapping case, is acting as chief counsel to assist the commissioners, while the registrar is Cecil Carrick, Toronto barrister. MENZIES NAMED AS MAGISTRATE Donald B. Menzies of London, Ont., has been named police magistrate and judge of the juvenile court of London, succeeding Thomas Scan- drett, K.C. ONTARIO CROWN ATTORNEYS J. B. Robinson of New Liskeard has been appointed Crown attorney for the district of Temiskaming, re- placing Edwin E. Peariman of Hai- leybury, who had filled the position in an acting capacity since the ap- pointment of F. L. Smiley, K.C., to the bench in April, 1934. The new Crown attorney, who has spent the greater part of his life in New Lis- keard, received his education at the University of Toronto and Osgoode Hall, and has for several years prac- tised his profession in his home town. Raoul Mercier of Ottawa has been named Crown attorney for the county of Carleton, succeeding the late J. A. Ritchie, K.C., who was Crown prosecutor from 1897 until his death recently. Gerald F. Smith of Napanee has been appointed Crown attorney for Lennox and Addington, succeeding Kenneth S. Ham. Mr. Smith was burn in Napanee and was called to the Bar of Ontario in 1929.

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