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9 Bench & B.: Nat'l Legal Newspaper 1 (1939)

handle is hein.journals/bebalenw9 and id is 1 raw text is: BENCH AND BAR THE NATIONAL LEGAL NEWSPAPER Vol. 9 January, 1939 No. 1 - r - wig Lomplete burvey Urdered Administration of Justice All Ontario Courts F. H. Barlow, K.C., Master of the Supreme Court of Ontario, has been authorized by the Attorney-General of Ontario to make a complete sur- vey of the administration of justice in the province, with a view to effecting economy and simplification in all legal machinery and pro- cedure. Cecil L. Snyder, K.C., chief Crown counsel for the province, will be his chief counsel, while Eric H. Silk, K.C., chief law clerk of the legislature, will act as assistant counsel. The commission to Mr. Barlow provides that the survey include the constitution, maintenance and or- ganization of provincial courts, both of civil and criminal jurisdiction, the procedure in those courts, and on appeals therefrom. The Ontario attorney-general requests a report from the commissioner upon any changes in the administration of justice or amendments to any statutes or to any rule or regulation made thereunder where such changes or amendments would have the effect of: (a) Improving the constitution, organization or system of mainten- ance of the said courts. (b) Simplifying, facilitating, expe- diting or otherwise improving prac- tice or procedure in the said courts; or (c) Effecting economy to the prov- ince, the municipalities of the people of Ontario. In discussing the proposed survey the attorney-general stated that he believed that there were many for- malities and practices which might very well be eliminated or improved. Any changes to be made must be harmonious and consistent in order that there might be no impairment of the administration of justice, but he added that the survey would be exhaustive so that in the final result economy and simplification might be accomplished. In choosing F. H. Barlow, K.C., master of the Supreme Court, to make the survey, the attorney- general has selected a commissioner who by reason of his knowledge of practice and procedure is well-fitted to preside. However, as pointed out by Mr. Barlow, the value of the survey will depend to a large extent upon the co-operation of the bench and bar of the province. Members thereof are urged to make submis- sions to the commissioner on all such matters as they may consider helpful. Most of the sittings will take place in Toronto, and will probably com- mence early in February. There will be other sittings in the north, prob- ably Port Arthur and other import- ant points in the east and west. VANCOUVER BAR ASSOCIATION Sidney A. Smith has been elected president of the Vancouver Bar Association, succeeding the retiring president, R. L. Maitland, leader of the British Columbia Conservative Party. Other officers were elected as follows: Vice-president, J. A. Camp- bell; secretary-treasurer, W. H. S. Dixon; executive, J. L. Lawrence, Sherwood Lett, P. J. McIntyre, W. S. Owen, Bruce Robertson, Percy A. Whyte, M. G. Caple, J. V. Clyne, A. C. DesBrisay, G. Roy Long and T. G. Morris, K.C. 35 QUEBEC K.C.'S - FIRST IN YEARS Thirty-five Quebec Province bar- risters, nine of them members of the Legislative Assembly, have been given the rank of King's Counsel, the Provincial Secretary's Depart- ment announced January 4th. Besides the Legislative members, the new list of K.C.'s includes seven Crown Prosecutors. The list is as follows: Jean-Paul Sauve, Speaker of the Legislative Assembly; Auguste Boyer, M.L.A. Chateauguay; Antonio Talbot, M.L.A. Chicoutimi; Jonathan Robinson, M.L.A. Brome; Alexandre Tache, M.L.A. Hull; Maurice Tellier, M.L.A. Montcalm; Herman Barrette, M.L.A. Terrebonne; Henri Jolicoeur, M.L.A. Bonaventure; Maurice Pelle- tier, M.L.A. Lotbiniere. Crown Prosecutors -Oscar Gag- non, J. E. Crankshaw and Ivan Sabourin, all of Montreal; Noel Dorion and Ancina Tardif, Quebec; Henri d'Auteuil, Murray Bay; An- toine Lacoursiere, St. Joseph de Beauce. Barristers--Edouard Masson, Hec- tor Mackay, Camille Tessier and C. E. Bruchesi, Montreal; Albert Le- blanc, Antonio Drolet, C. de L. Mig- nault and Emile Rioux, Sherbrooke; R. E. Asselin and Alphonse Garon, Rimouski; Leo Berube and Horace Cimon, Riviere du Loup; Edouard Langlois, Three Rivers; Hugh O'Donnell, Gaspe; Robert Tellier, Joliette; Joseph Gingras, Waterloo; Leopold Nantel, St. Jerome; Arthur Laramee, Outremont. ONTARIO APPOINTS FORTY-NINE K.C.'S In a Christmas honors list, Attor- ney-General Conant of Ontario has announced the appointment of forty-nine new King's Counsel, in- cluding one woman. Miss Margaret Hyndnan of To- ronto, included in the list, is the second woman appointee in the Pro- vince of Ontario. Included in the honors list are five young lawyers in the civil service at Queen's Park. They are; Clifford R. Magone, solicitor to the Attorney- General's Department; Eric H. Silk, chief legislative law clerk; J. C. Adams, solicitor to the Labour and Industries Board; Hartley D. Me- Nairn, superintendent of insurance; and Kenneth G. Gray, medico-legal adviser to the Department of Health. Cecil Wright, one of the appoin- tees, is a lecturer at Osgoode Hall, and one of the four Canadian doctors of juridical science. The following were appointed: J. C. Adams, Toronto; J. C. Anderson, Oshawa; A. Douglas Bell (Crown attorney for Kent) Chatham; Henry Borden, Toronto; Harold A. Boyde, Hamilton; John Cowan, Sarnia; G. P. Campbell, Toronto; L. Chevrier, Cornwall; T. K. Creighton, Oshawa; J. A. A. Duranceau, Cochrane; Ber- nard H. Furlong, Windsor; Fred- erick G. Gardiner, Toronto; James P. Garvin, Kingston; Joseph M. Garvey, Toronto; Leo Goetz, Guelph; George Goodwin, Sault Ste. Marie; Kenneth G. Gray, Toronto; Arthur J. Holmes, Toronto; J. H. Hancock, Gait; R. S. Hetherington, Goderich; Margaret Hyndnman, Toronto; George Keogh, Toronto; L. Lafleur, Ottawa; J. H. L. Morgan, Toronto; W. W. McLaughlin, Toronto; R. A. C. Mac- Lean, Alliston; W P. MeClermont, Hamilton; Fred. G. McKay, Owen Sound; Clifford R. Magone, Toronto; ONTARIO CHIEF JUSTICE I Chief Justice R. S. Robertson Robert Spelman Robertson, K.C., distinguished Toronto barrister, has been appointed Chief Justice of On- tario in succession to Hon. N. W. Rowell, who resigned recently owing to ill health. The new appointee was born in Goderich, Ont., on December llth, 1870, and was educated in the pub- lic and high schools of that town. Called to the bar in 1894 he first practised in Stratford. For some years he was in partnership with the late Mr. Justice Idlington in the firm of Idington and Robertson. Upon Mr. Idington's elevation to the bench the firm became Robertson and Coughlin. Subsequently, Mr. Coughlin was appointed to the judi- ciary, and the firm became Robert- son, Riddell and Richardson. Mr. Robertson came to Toronto in 1917, becoming a partner in the firm of Fasken, Robertson, Aitchison, Pic- kup and Calvin. Shortly after com- ing to Toronto he was called upon to represent the police commission- W. S. Martin, Niagara Falls; Hart- ley D. McNairn, Toronto; Paul Mar- tin (M. P. Essex) Windsor; J. P. O'Reilly, Hamilton; S. C. Platus, Timmins; 3. E. Pritchard, Toronto; Edwin Rush, Toronto; Claude Sav- age, London; Walter Schroeder, Ot- tawa; Percy Shulman, Toronto; Eric Silk, Toronto; William E. Spencer, London; J. Harper Schofield, Kit- chener; H. G. Stapells, Toronto; Glen Sullivan, Toronto; Edwin A. Tilley, North Bay; J. S. D. Tory, Toronto; F. E. D. Wallace, Brantford; F. L. Ward, Picton; and Cecil Wright, Toronto. IN THIS ISSUE Notes on Quebec Cases ...... 4 English Decisions .......... 5-6 Saskatchewan Cabinet. 5 British Columbia Legislation ................. 6 ers at an investigation into riots involving returned soldiers, and in which charges were made against the police. Prior to coming to Toronto he un- successfully contested the riding of North Perth in the provincial elec- tion of June, 1914. At that time he was city solicitor for Stratford. In 1920 the Drury Government appointed him to represent the non- radial municipalities before the Sutherland Commission which in- vestigated the Hydro radial plan advocated by the late Sir Adam Beck. The inquiry of 1926 into the affairs of the Toronto Harbour Com- mission found him as counsel as- sisting the late Judge Denton. He was created a King's Counsel in 1921, and was elected a bencher of the Law Society of Upper Canada in 1930; upon the death of its treas- urer he was appointed on January 21st, 1937, to fill the vacancy. Renowned as an authority on constitutional law, Mr. Robertson has acted in various capacities for the Dominion and Provincial Gov- ernments on numerous occasions. When the Hon. N. W. Rowell was appointed Chief Justice of Ontario in Septeniber, 1936, Mr. Robertson became chief counsel for the Domin- ion Government in appeals taken to the judicial committee of the privy council. A member of the Ontario, Royal Canadian Yacht and Caledon Moun- tain Trout Clubs he is also a mem- ber of the United Church of Canada. 62 YEARS AS BARRISTER The oldest active member of the Bar of Nova Scotia, S. D. McLellan, K.C., of Truro, on December 13th observed his 62nd anniversary of his admission to the bar. Born at Great Village, N.S., on March 20th, 1852, Judge McLellan received his pre- liminary education in the public schools of Colchester County, and studied law at Mount Allison Uni- versity and Harvard. Mr. MeLellan has been Judge of Probate in Truro since 1887. Hon. C. P. McTague to Ontario Appeal Court; J. G. Kelly Raised Mr. Justice C. P. MeTague of the High Court of Ontario has been transferred to the Appeal Court, fill- ing the position formerly held by the late Mr. Justice F. R. Latchford. Born in Guelph, Ontario, in 1890, Mr. Justice MeTague was educated at the Guelph Separate School and Collegiate Institute. He taught school at Assumption College, Sandwich, and at St. Michael's College, Toronto. In 1915, he won his Baccalaureate degree at the University of Toronto and went overseas with the Canadian Field Artillery in the same year. Mr. Justice MeTague was called to the bar in 1920 and opened an office in Windsor, Ontario, the fol- lowing year. Prior to his elevation to the bench, he took an active part in Windsor's affairs and was at one time president of the Border Cham- ber of Commerce. J. G. Kelly Mr. J. Gerald Kelly, K.C., M.C., of Toronto, has been appointed to suc- ceed Mr. Justice MeTague in the High Court of Ontario. The new appointee was born at Charlottetown, P.E.I., on May 28th, 1897. He received his primary edu- cation at West Kent public school and Prince of Wales College in his native city. Later he came to Toronto and graduated from the University of Toronto and Osgoode Hall Law School. He was engaged in private practice at the time of his appoint- ment. During the war Mr. Kelly served with the 26th Battalion of New Brunswick infantry, was wounded at Amiens and awarded the Military Cross for service on the field. After his return from overseas to Toronto, he was for a number of years a member of the Separate School Board and was its chairman in 1936. Mr. Kelly is married and has a family of four sons and two daughters. OFFICERS ELECTED BY SASKATCHEWAN BENCHERS At the annual meeting of the benchers of the Law Society of Sas- katchewan, held in Regina on Mon- day, December 5th, W. M. Bose, K.C., of Moose, Jaw was elected president of the Society. Mr. Rose, senior member of the Moose Jaw firm of Rose & Johnson, succeeds A. E. Cairns, K.C., of Melfort. At the same meeting, W. J. Per- kins, K.C., of Estevan, was elected vice-president and W. H. McEwen, K.C., of Regina, was named a bencher to fill the unexpired term of Mr. Justice P. M. Anderson, two years. Born in Thorold, Ontario, Mr. Rose spent the early part of his life at Kenora, Ontario. He graduated in arts from the University of Mani- toba, took his first two years of law at Osgoode Hall, Toronto, and then went to Saskatchewan to complete his course in law at the University of Saskatchewan. Called to the bar in 1911, he prac- tised in Saskatoon and was connected with the law firm of McCraney, McKenzie and Hitchinson in that city. Later he was appointed crown prosecutor at Weyburn. He moved to Moose Jaw in 1914 and was made a law partner in the firm of Knowles, Rose and Johnson. In 1921 he re- ceived his appointment as crown prosecutor in Moose Jaw. He re- ceived his K.C. in 1927.

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