Challenges Overcome, 1881-89
Author | C. Ian Kyer |
Pages | 63-87 |
M C hapter N
CHALLENGES OVERCOME,
I O L L proclaimed that t he judicial system had been
“completely revolutionized” by the Judicature Act, which merged the cour ts
of Common Law and Chancery into “one Court of universal jurisdiction in
civil cases.” Law courts could now hear cases that had t raditionally been
reservedforthecourtsofequityapplybothlegalandequitableprinciplesto
achieveafairresultinasinglehearingandgrantequitableremediesMajor
changeswere alsob eingmadei nthe lawrm butthey hadnothi ngtodo
with this judicial revolution. They were rooted in several deaths.
Ital lbega non August when William Gooderham died at age
ninetyone In and ofitself his death was oflile more than symbolic im
portanceashispowerandinuencewerebythenmoreapparentthanreal
He had remained the nominal head of the Go oderham and Worts businesses
but de facto control had passed to others several years before, when his
health began to fail. The burden of leading the extended family had fallen
largely upon Beays fatherinlaw James Gooderham Worts and upon
William’s third son, George, twelve years younger than Worts. George had
beenselected forthis rolebyh isfather twentyveyearsearlierin August
after it had become obvious to William that neither hi s eldestson
William Jr., nor his second son, James, had the business acumen or desire to
run the disti llery and its related businesses.Jamesrsta ndthen Willia mJr
had become Methodists, joining thei r campaign against the consumption of
alcohol; they did not wish to be partners in a busines s so heavily involved in
ハネLawyersFamiliesandBusinesses
liq uor George had been made a full par tner in the core business operated as
the Gooderham & Worts partnership.Hesoonconrmedhisfathersjudg
ment, bringing energy and a cla rity of vision that contributed to a major
expansionof thebusine ssBeaywould latersayth atheheld thehighest
opinionofGe orge His judgmentonquest ionsofbusi nessand nance
wasexceedinglysoundAlthoughaqu ietandundemonstrativemanhewas
a master of detail and a man of consta nt industry.”
Thus when William Sr. died, there were no problems with succession.
Asa maerof lawthe partnership between William his nephewandh is
sonwasdissolvedbutthispresentednopracticaldiculty William’s inter
est in the partnersh ip passed to George in accordance with his wil l and on
FebruaryWortsandGeorgeGooderhamformedanewpartnersh ip
continuing tooperate withl ileor nodisrupt ionAs forthe related incor
poratedbusinesses such asthe Bank ofTorontoWortsassumed the oce
of president previously held by William Gooderham, while George Gooder
hamas sumedt hevicepresidencies that Wortshad held Again there was
lileornoeectontheiroperations
William Gooderham’s death nevertheless signalled the end of an era and
was marked with much formality. The funeral was held in the afternoon
ofAugust Thepreviousday theBoard ofTradepublisheda notice
in the Globe requesting thatmembers ofthe Board aendthe funeral ina
body” to honour an “old and much respected member of th is Corporation.”
Amemorialservicewas alsoheldatLileTrinityChurchonSunday
August. The Reverend Alexander Sanson presided and delivered a glow
ingt ributet hatwas subsequently publishedHe commented on thema ny
things that Willia m had achieved in his life and noted that “for nearly half a
centuryeverydaywaslledupwithenerget ictoilanddil igentaentionto
business, occasionally performi ng such civic duties as were entrusted to him
byhisfellowcitize nsandhabitual lykeepingin viewthe careandgovern
ment of his large family, growing up under his paternal shadow.”
William had indeed cast a lengthy shadowinuencing Wortshi sson
Georgea nd Beay in many waysBut that shadow had been weakeni ng
for some time and few could have expected his death to be the harbinger of
troubles that would bring dramatic changes in t he family businesses a nd in
thermthatservedthei rlegalneeds
The law rm was the rst to experience troubles On March
Nicholas Miller and Charles Biggar left. Each had been a part ner for six
years and each was in the prime of his legal career. Miller had just the year
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