Notes

• Author: C. Ian Kyer
• Pages: 209-246

209

Notes

Preface

1 C. Ian Kyer, A Thirty Years’ War: The Failed Public/Private Partnership That

Spurred the Creation of the Toronto Transit Commission, 1891–1921 (Toronto:

Osgoode Society for Canadian Legal History & Irwin Law, 2015).

2 C. Ian Kyer & Jerome Bickenbach, The Fiercest Debate: Cecil Wright, the

Benchers, and Legal Education in Ontario, 1923–1957 (Toronto: Osgoode Soci-

ety for Canadian Legal History & University of Toronto Press, 1987).

3 On Ken Jarvis, see Christopher Moore, The Law Society of Upper Canada and

Ontario’s Lawyers, 1797–1997 (Toronto: University of Toronto Press, 1997) at

293–95.

4 The letters were later published. See Susan Scace, Jane Hill & Roy Schaef‌fer,

eds, Wolford Letters Correspondence of John Graves Simcoe in the Archives of the

Law Society of Upper Canada (Toronto: Law Society of Upper Canada, no date).

5 I have a limited edition print of a photograph that he took of his bust of

Caesar Wright hanging in my home.

6 On Wilson, see C. Ian Kyer, Lawyers, Families, and Businesses: The Shap-

ing of a Bay Street Law Firm, Faskens 1863–1963 (Toronto: Irwin Law & the

Osgoode Society, 2013) at 235–36.

7 Peter Oliver, “Scandal in Ontario Politics: The Jarvis-Smith Af‌fair” in Public

and Private Persons: The Ontario Political Culture, 1914–1934 (Toronto: Clarke,

Irwin, 1975) ch 8.

8 C. Ian Kyer, “The David Fasken Estate: Estate Planning and Social History

in Early 20th Century Ontario” in J. Phillips, R. McMurtry & J. Saywell, eds,

Essays in the History of Canadian Law, vol X (Toronto: Osgoode Society &

University of Toronto Press, 2008) 410–45.

9 On how I became a lawyer after doing a PhD in medieval ecclesiastical hist-

ory, see the preface to Kyer & Bickenbach, ibid.

The OnTariO BOnd Scandal Of 1924 re-examined

210

IntroductIon

1 “Peter Smith and Aemilius Jarvis Convicted” The Globe (25 October 1924) 1.

2 “Smith and Jarvis Sr. Imprisoned; Fined $600,000” Toronto Star (25 October

1924) 2.

3 “Prison and $600,000 Fine” Evening Telegram (25 October 1924) 3.

4 See, for example, “Books and Papers of Jarvis Company under Examina-

tion” The Globe (30 April 1924) 1; “Ten New Charges Face Peter Smith in

Police Court” The Globe (1 May 1 1924) 1; “Smith, Jarvis Cases May Be Heard

Together” Toronto Star (13 May 1924) 1; “Smith-Jarvis Application Up on

Tuesday” Toronto Star (25October 1924) 1; “Province Receives $140,000 of

$600,000 Fine” Toronto Star (7 March 1925) 1.

5 R v Smith et al (1924), 27 OWN 155. See also “Smith and Jarvis Sr. Imprisoned;

Fined $600,000” Toronto Star (25 October 1924) 2.

6 “Application for Appeal will be Heard Tuesday” Toronto Star (25 October

1924) 1.

7 Ibid.

8 A campaign pamphlet had accused the UFO of “f‌inancial squandering and [a]

bogus def‌icit.” See Peter Oliver, G. Howard Ferguson: Ontario Tory (Toronto:

University of Toronto Press, 1977) at 140.

9 “W. N. Tilley, KC as I Remember Him” Law Society Gazette vol. 3 part 4 (Decem-

ber 1969) 222 at 224–25. See also Appendix 1.

10 “Rural, Urban Tragedy Was Jarvis-Smith Fall” Toronto Star (8 November 1924) 9.

11 Ibid.

12 Ibid.

13 Allan Levine, Toronto: Biography of a City (Vancouver: Douglas & McIntyre,

2013) at 147 [emphasis in original].

14 The memorandum is reprinted in Edward Aemilius Jarvis & Robert Aemilius

Jarvis, Aemilius, The Last Viking (Toronto, privately published, 2004). This

biography by Jarvis’s grandson includes some of Jarvis’s private papers.

15 Mail & Empire (8 June 1931).

16 See, for example, “Roebuck Declares Price Gave Misleading Report Against

Jarvis Retrial” Evening Telegram (2 August 1935) 2.

17 Frank Moss, The Jarvis Case (privately published pamphlet, 1940?).

18 “Worst Ontario Has Ever Had, Says Drury of Ferguson Government” Barrie

Examiner (27 May 1926) 1.

19 “Jarvis Berates Ocers of the Crown, Slams Methods” Toronto Daily Star

(28May 1935) 6.

20 “Conspiracy Charges Over Bank ‘Legals’ Bring Plea of Guilty” The Globe

(5November 1924) 11.

21 This quotation appears in the 1926 memorandum to the federal government,

above note 14.

22 See, for example, “Another Aspect of the Jarvis Case” Toronto Star (19 May

1933) 6; “The Accusations of Col. Moss” Toronto Star (13 April 1934) 6; “Col.

Notes

211

Moss Makes Public Charges” Toronto Star (1 May 1934) 6; “The Henry Gov-

ernment and the Aemilius Jarvis Case” Toronto Star (9 June 1934) 4.

23 R v Jarvis, [1936] OJ No 27 at 5.

24 E.C. Drury, “Have We a Canadian Dreyfus?” Maclean’s (15 September 1933),

online: https://archive.org/details/Macleans-Magazine-1933-09-15; E.C.

Drury, “Have We a Canadian Dreyfus?” Maclean’s (1 October 1933), online:

https://archive.org/details/Macleans-Magazine-1933-10-01; E.C. Drury,

“Have We a Canadian Dreyfus?” Maclean’s (15 October 1933), online: https://

archive.org/details/Macleans-Magazine-1933-10-15.

25 Emile Zola, “J’accuse” L’Aurore (13 January 1898) 1 . Zola was charged with

criminal libel and had to f‌lee to England to avoid imprisonment. But Dreyfus’s

conviction was eventually overturned in a civil trial, and he was released and

served in World War I with distinction, winning the Legion of Honour. “‘J’ac-

cuse . . . !’ Emile Zola, Alfred Dreyfus, and the Greatest Newspaper Article in

History” Flagpole Magazine (11 February 1998) at 12.

26 Drury, above note 24 (15 September 1933).

27 Ibid.

28 Patrick Boyer, A Passion for Justice: The Legacy of James Chalmers McRuer

(Toronto: Osgoode Society for Canadian Legal History & University of

Toronto Press, 1994) at 59.

29 See “New Trial for Jarvis Is Urged by Roebuck, Criticize Col. Price” Toronto Star

(2August 1935) 1 and “New Trial Advocated for Jarvis” The Globe (3 August

1935) 1. See also “Roebuck Hints Jarvis Retrial May be Urged” The Globe

(26June 1935) 1.

30 R v Jarvis, [1936] OJ 27, and R v Jarvis, [1937] OJ 84.

31 “Appeal Court Refuses New Jarvis Trial” Toronto Daily Star (9 April 1937) 1.

32 “New Trial Is Sought by Aemilius Jarvis” The Globe (18 October 1928) 9.

33 Peter Oliver, “Scandal in Ontario Politics: The Jarvis-Smith Af‌fair” in Public

and Private Persons: The Ontario Political Culture, 1914–1934 (Toronto: Clarke,

Irwin, 1975).

34 Oliver, above note 8.

35 Drury, above note 24. Drury explained how the articles came to be written in

Farmer Premier: Memoirs of the Honourable E. C. Drury (Toronto: McClelland

& Stewart, 1966).

36 A copy of the McGregor Young memorandum is in the Ferguson papers and is

described at length in Oliver, above note 33 at 239–42.

37 R v Jarvis, [1937] OJ No 84.

38 Charles M. Johnston, E.C. Drury: Agrarian Idealist (Toronto: University of Toronto

Press, 1986) at 209–13.

39 Boyer, above note 28 at 62–68.

40 Ibid at 64.

41 Ibid at 63.

42 David Ricardo Williams, Just Lawyers: Seven Portraits (Toronto: Osgoode Soci-

ety for Canadian Legal History & University of Toronto Press, 1995) ch 2.