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10 Bench & B.: Nat'l Legal Newspaper 1 (1940)

handle is hein.journals/bebalenw10 and id is 1 raw text is: BENCH AND BAR THE NATIONAL LEGAL NEWSPAPER Vol. 10 January, 1940 No. 1 L. W. Brockington' K.C.UTCS .' Appointed Recorder of REPORTS ON LAW ADMINISTRATION JUSTICES L. A. D. CANNON Canada's War Effort AND F. G. TAYLOR DECEASED Leonard W. Brockington, K.C., Winnipeg, has been appointed Re- corder of Canada's War Effort, it has been announced by Prime Min- ister Mackenzie King. Mr. Brockington, who will be at- tached to the Prime Minister's office and take up his duties at the begin- ning of the new year, is general counsel to the Northwest Grain Deal- ers' Association and has been given leave of absence by that firm. Last October Mr. Brockington re- signed as chairman of the Board of Governors of the Canadian Broad- casting Corporation after serving a three-year term. The Prime Minister's announce- ment described Mr. Brockington's duties as follows: To act in an ad- visory capacity to the War Commit- tee of the Cabinet in the recording and interpretation of Canada's war effort; to advise and assist the Gov- ernment in providing accurate and essential information in these re- spects to the people of Canada and to the Government of the United Kingdom, and to assist the Prime Minister by keeping a chronicle and other essential records of the pro- gress of Canada's war effort. In this capacity, Mr. Brocking- ton will be designated Recorder of Canada's War Effort and Counsellor (in the above respects) to the War Committee of the Cabinet. He will be attached to the Prime Minister's office. Mr. Brockington was born in Car- diff, Wales, in 1888, and came to Canada in 1912 after graduating from the University of Wales and a period of teaching in England. Newspaper work in Edmonton and a clerkship in the Land Titles Office in Calgary, coupled with a study of law occupied Mr. Brockington until 1919 when he was called to the bar. EDMONTON KING'S COUNSELLORS Three Edmonton lawyers have been appointed King's Counsel. They are Hon. Lucien Maynard, minister of municipal affairs; Major F. Armour Ford, officer command- ing the 61st Battery, Royal Cana- dian Artillery, and Guy E. Patterson, Edmonton alderman in 1936 and 1937. Major Ford is a graduate of the University of Alberta Law School. He started his course there in 1918 and is now a member of the law firm of Newell, Lindsay, Emery and Ford. He began his military train- ing in 1922 as a gunner in the bat- tery he now commands. He was a member of the Edmonton Public School Board for three years, before resigning this year after the out- break of war. Mr. Patterson served his articles with G. H. Steer, K.C., Edmonton lawyer, starting in 1919. He served overseas with the 49th Battalion, where he held the rank of lieuten- ant. During the war, he transferred to the 101st Squadron, Royal Air Force, where he served as an ob- server and armament officer for the duration of the war. For six months in 1921, he was agent of the Attor- ney-General in the city police court. In 1936 he was appointed agent of the Attorney-General for northeast- ern Alberta. He was an alderman for two years. Mr. Maynard was elected to the Alberta legislature as Social Credit F. H. BARLOW, K.C. The report of the commission on comprehensively in our next issue. the administration of justice in On- Of Dominion-wide interest is the tario, under the direction of F. H. recommendation of the right of Barlow, K.C., Master of the Supreme appeal to the courts from the de- Court of Ontario and Admiralty cisions, determinations and orders Judge of Ontario, will be studied of the boards, commissions, bureaux with great interest throughout Can- and what-not that have been set up ada. The report will be covered by the governments. British Columbia Legislation The following enactments passed at 26. An Act to provide for Free the recent session of the Legislature Grants to Pre-emptors on Active of the Province of British Columbia Service. received the assent of the Lieuten- 28. An Act to amend the Taxation ant -Governor on November 30th, Act. 1939: 29. An Act to amend the Succession 1. An Act to amend the Supreme Duty Act. Court Act. 35. An Act to amend the Work- 2. An Act to exempt Members of men's Compensation Act. the Allied Forces from the Op- 40. An Act respecting the Semi- eration of Certain Provisions of monthly Payment of Wages. the Mining Laws of the Province. 41. An Act to amend the Mechanics' 3. An Act to amend the Coal and Lien Act. Petroleum Act. 47. An Act to amend the Interpre- 8. An Act to amend the Mort- tation Act. gagors' and Purchasers' Relief 69. An Act to amend the Land Reg- Act, 1934. istry Act. 10. An Act respecting Survivorship 71. An Act to amend the Fruit, in Common Disaster. Vegetables, and Honey Grades 13. An Act to amend the Education Act. of Soldiers' Dependent Children 79. An Act to amend the Municipal Act. Elections Act. 14. An Act to provide for the Regu- 80. An Act to amend the Village lation of Motor Carriers. Municipalities Act. 19. An Act to amend the Food Pro- 81. An Act to amend the Municipal ducts Minimum Loss Act. Act. 20. An Act to amend the Libel and 82. An Act respecting Elections of Slander Act. Members of the Legislative As- 21. An Act to amend the Fire Mar- sembly. shal Act. 83. An Act to amend the Magistrates Act. 84. An Act to amend the Insurance member for Beaver River. He was Act. deputy speaker of the house, before 88. An Act to amend the Civil Ser- he was appointed minister of muni- vice Superannuation Act. cipal affairs in 1936. He is the 89. An Act to amend the Adminis- youngest cabinet minister in the tration Act. Empire, with the exception of Hon. 90. An Act to amend the Public E C. Manning, provincial secretary. Utilities Act. He was educated at Jesuit College 92. An Act to amend the Weekly and the University of Alberta, and Half-holiday Act. was a lawyer in St. Paul before he 95. An Act to amend the Motor- was elected to the legislature, vehicle Act. Mr. Justice Lawrence Arthur Du- moulin Cannon of the Supreme Court of Canada died Monday, December 25th, at the age of 62. He had been in poor health for several years, but until a few months ago he was able to attend most of the sessions of the court. Mr. Justice Cannon was a member of a family long prominent in legal and political spheres in the Province of Quebec. His father, the late Law- rence John Cannon, was a judge of the Quebec Superior Court. A brother, Mr. Justice Lucien Cannon, now of the Quebec Court of King's Bench, is a former Solicitor-General of Canada. Born at Arthabaskaville, Que., the judge was educated at Quebec Semi- nary and Laval University. He was admitted to the Bar in 1899 and practised in Quebec City. He was made a King's Counsel in 1920. As a young man he entered poli- tics, serving on the Quebec City Council from 1908 to 1916. In the latter year he was elected to the Provincial Legislature for Quebec Centre as a Liberal. He was re- elected by acclamation in 1919 and served a term as Batonnier General of the Bar of the Province in 1924. In 1927 he was appointed a Judge of the Quebec Court of Appeals and in 1930 he went to Ottawa as a Judge of the Supreme Court of Canada. On the Supreme Court Bench his thorough knowledge of the civil law of the Province of Quebec, made him a valued member and he wrote many of the judgments on Quebec cases. Mr. Justice Cannon ranked third in seniority among the seven judges of the court. So on several occasions, in the absence of Chief Justice Sir Lyman Duff, and Mr. Justice Thibau- deau Rinfret, his seniors, he was called upon to act as deputy to the Governor-General in the perform- ance of the duties of the King's rep- resentative in Canada. His death creates the first vacancy on the country's highest court since 1935. Following the traditional prin- ciple of provincial representation on the court his successor undoubtedly will come from the Province of Quebec. Mr. Justice Taylor Mr. Justice F. G. Taylor, puisne judge of the Manitoba Court of King's Bench since 1933 and former Leader of the Manitoba Conserva- tive Party, died January 2nd. He was 61. Born in Meadow Lea, Man., Mr. Justice Taylor received his educa- tion in Winnipeg schools and Uni- versity of Manitoba. He was called to the bar in 1900 and started his practice in Portage la Prairie. In 1912 he was elected Mayor of Portage la Prairie and three years later resigned to join the C.E.F. for service overseas. He served as Major in France and in 1917 was awarded the D.S.O. In May, 1927, he became Lieutenant - Colonel of the First Manitoba Rangers. He made his first bid for a seat in the Manitoba Legislature in 1916, but was defeated by Mr. Justice E. A. McPherson, present Chief Justice of the Manitoba Court of King's Beuch. He evened the score by de- feating Mr. Justice McPherson when he ran against him for the second time in 1920. From that time until his appointment to the Bench in '1933, he represented Portage la Prairie. W. J. PERKINS, K.C., NAMED PRESIDENT OF LAW SOCIETY W. J. Perkins, K.C., Estevan, was elected president of the Law Society of Saskatchewan at the annual meet- ing last month. Frank L. Bastedo, K.C., Regina, was chosen vice-president. OFFICERS ELECTED BY VANCOUVER BAR ASSOCIATION J. A. Campbell has been elected president of the Vancouver Bar As- sociation to succeed Sidney Smith. Lieut. Col. Sherwood Lett is the new vice-president, and W. H. S. Dixon, secretary-treasurer, has been re- elected for his twentieth term. Executive members chosen are T. G. Norris, K.C.; J. H. Lawson, K.C.; J. E. McMullen, K.C.; Arthur Alex- ander, G. Roy Long, E. A. Lucas, J. V. Clyne, A. C. DesBrisay, Denis Murphy, Jr., F. K. Collins, A. R. McDougall and M. G. Caple. BRANCH OFFICE FREE FROM INCOME TAX Mr. Justice Alfred Forest in Mon- treal Superior Court recently ruled that a law office is not a place of business within the meaning of the city by-law governing the imposition of income tax, and he maintained a writ of certiorari asked by Philippe Lamarre, Longueuil lawyer who also practises in Montreal, in which La- marre sought to have set aside a judgment by Recorder Aime Le- blanc holding him liable for income tax to the city. His Lordship said that the muni- cipal by-law governing the collec- tion of tax on revenue made it plain that the tax could be imposed on persons having their domicile, or- dinary residence or place of business within the area fixed by law. Lon- gueuil did not come within that area, he pointed out. Dealing with the status of a lawyer in the Province of Quebec, Mr. Jus- tice Forest said that under the law he could not be classified in the same category as a businessman or a merchant who was carrying on business for a profit on merchandise sold. Obviously, said His Lordship, a lawyer cannot be compared with a merchant or manufacturer, for the lawyer's work is governed by a special statute, the Quebec Bar Act. He lives not by profits, as in the case of the merchant, but by fees. Mr. Justice Forest said that when the Montreal bill was adopted by the Quebec Legislature it was in- cluded in the statute that the law applied to persons who were domi- ciled, or had their ordinary resi- dency of place of business, within the limits fixed by the law. His Lordship found that had the legislators intended to include pro- fessional men they could easily have done so by mentioning them by name. Furthermore. he ruled that in the case where there was doubt whether the person concerned was subject to taxation, the latter should receive the benefit of such doubt. Finally, Mr. Justice Forest ruled that there was a difference between the terms a place of business, and his principal place of business. In the present case, he said, it was evi- dent that the plaintiff's principal place of business was in Longueuil.

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