Challenges Overcome, 1881-89

• Author: C. Ian Kyer
• Pages: 63-87



M Chapter N

CHALLENGES OVERCOME,



IOLL proclaimed that the judicial system had been

“completely revolutionized” by the Judicature Act, which merged the courts

of Common Law and Chancery into “one Court of universal jurisdiction in

civil cases.” Law courts could now hear cases that had traditionally been

reservedforthecourtsofequityapplybothlegalandequitableprinciplesto

achieveafairresultinasinglehearingandgrantequitableremediesMajor

changeswerealsobeingmadeinthelawrmbuttheyhadnothingtodo

with this judicial revolution. They were rooted in several deaths.

ItallbeganonAugustwhenWilliamGooderhamdiedatage

ninetyoneInandofitselfhisdeathwasoflilemorethansymbolicim

portanceashispowerandinuencewerebythenmoreapparentthanreal

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 Beays fatherinlaw James Gooderham Worts and upon

William’s third son, George, twelve years younger than Worts. George had

beenselectedforthisrolebyhisfathertwentyveyearsearlierinAugust

 after it had become obvious to William that neither hi s eldestson

William Jr., nor his second son, James, had the business acumen or desire to

run the disti llery and its related businesses.JamesrstandthenWilliamJr

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LawyersFamiliesandBusinesses

liquor George had been made a full par tner in the core business operated as

the Gooderham & Worts partnership.Hesoonconrmedhisfathersjudg

ment, bringing energy and a clarity of vision that contributed to a major

expansionofthebusinessBeaywouldlatersaythatheheldthehighest

opinionofGeorgeHisjudgmentonquestionsofbusinessandnance

wasexceedinglysoundAlthoughaquietandundemonstrativemanhewas

a master of detail and a man of consta nt industry.”

Thus when William Sr. died, there were no problems with succession.

AsamaeroflawthepartnershipbetweenWilliamhisnephewandhis

sonwasdissolvedbutthispresentednopracticaldiculty William’s inter

est in the partnership passed to George in accordance with his will and on

FebruaryWortsandGeorgeGooderhamformedanewpartnership

continuingtooperatewithlileornodisruptionAsfortherelatedincor

poratedbusinessessuchastheBankofTorontoWortsassumedtheoce

of president previously held by William Gooderham, while George Gooder

hamassumedthevicepresidenciesthatWortshadheld Again there was

lileornoeectontheiroperations

William Gooderham’s death nevertheless signalled the end of an era and

was marked with much formality. The funeral was held in the afternoon

ofAugustThepreviousdaytheBoardofTradepublishedanotice

in the GloberequestingthatmembersoftheBoardaendthefuneralina

body” to honour an “old and much respected member of th is Corporation.”

AmemorialservicewasalsoheldatLileTrinityChurchonSunday

August. The Reverend Alexander Sanson presided and delivered a glow

ingtributethatwassubsequentlypublishedHecommentedonthemany

things that Willia m had achieved in his life and noted that “for nearly half a

centuryeverydaywaslledupwithenergetictoilanddiligentaentionto

business, occasionally performi ng such civic duties as were entrusted to him

byhisfellowcitizensandhabituallykeepinginviewthecareandgovern

ment of his large family, growing up under his paternal shadow.”

WilliamhadindeedcastalengthyshadowinuencingWortshisson

Georgea nd Beay in many waysBut 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

thermthatservedtheirlegalneeds

The law rm was the rst to experience troubles On  March 

Nicholas Miller and Charles Biggar left. Each had been a partner for six

years and each was in the prime of his legal career. Miller had just the year