Pickup and Calvin, 1939-52

• Author: C. Ian Kyer
• Pages: 199-220



M Chapter N

PICKUP AND CALVIN,



DRSRthepartnerscontinuedtocalltheirrm

Fasken, Robertson, Aitchison, Pickup & Calvin. There was a Robertson in

thermJohnFarleybutitwasthermspastassociationwiththenewChief

Justice that was being invoked. Going forward, however, the last two names,

Pickup and Calvin, were the bright lights in a n otherwise unimpressive ros

terJWandCollastheysignedtheirleerstoeachotherhaddeveloped

a good working relationship over the last twenty years, to go with their legal

skills and growing rep utation.

Only four partners remained to sign the partnership agreement of

JanuaryFaskenAitchisonPickupandCalvinThedocumentreected

Alex Fasken’s age and changing role. He was still a force to be reckoned

withbuthewasnowsixtysevenyearsoldHeremainedmanagerofthe

partnership business w ith full authority to engage and discharge employees

andtoxtheirsalariesorremunerationandtodenetheirdutiesandtox

and allow bonuses and gratuities,” but “in the absence of said Fasken those

powers were to be exercised by a majority of the said Aitchison, Pickup and

Calvin, or such one of them as they mig ht appoint.” It was agreed that

solongassaidFaskenisabletoaendtobusinessallocefurniturefur

nishingslibrarytypewritersandequipmentarethesolepropertyofsaid

FaskenOnhisdeathorinabilitytoaendtobusinessallsaidassetsandcash

onhandandaccountsandbillsreceivableandallotherassetsoftherm

ﾆﾄﾄLawyersFamiliesandBusinesses

shallbelongtotheremainingpartnersofthermprorataaccordingtotheir

respective interest i n the partnership.

Each partner was to receive a base salaryFasken received  but

AitchisonPickupandCalvingoteachandAlexsentitlementtoany

excesswasnottoexceedpercent

FreedofsomeoftheadministrativeburdenofthermAlexandIsabel

took a world cruise and when they returned he spe nt more time on his hob

bies. He was an ardent golfer, playing all year. He was a member of the

Mississauga Golf and Country near his country estate, Ialfa, on the Credit

River and played there from spring till fall. During the winters, he went to

St. Petersburg, Florida, so that he could continue to play. He was such a regu

lar winter golfer that he hired hi s own permanent caddy in St. Pete’s, a Black

man by the name of Henry Willows.

In A lex gained considerablenotoriet y fora nother of his hobbies

highstakespokerHewasaregularmemberofaFridaynightgameat

the King Edward Hotel. One night John Scully of Owen Sound played. It

was a night when Alex Fasken was acting as the clearing house for poker

winningsScullythoughtthathehadwoninoneofthegamesbut

Alex disagreed and would not pay him. Nothing came of Sc ully’s complaint

for some time; he spent the next few years in the United States. When he

returned to Canada howeverhe took to sta lking Alex in an eort to co 

erce him into paying. He knew that Alex was in the habit of eating lunch

each day at the National Club on Bay Street, a short distance from the law

oceScullybegantohangaboutthelobbyoftheExcelsiorLifeBuildingon

Toronto Street. When Alex walked through the lobby on his way to lunch,

Scully would badger him, walking beside him all the way to and from the

club. Alex began to fear for his safety and had Pickup pay a visit to Inspec tor

VernonofPoliceStationNoonCourtStreettoaskforapoliceescortThe

escort was not immediately granted but shortly thereafter Pickup cal led the

inspectorsayingthatScullywasphysicallyinthermsocerefusingto

leaveTheinspectorpromptlysentoveranocertoshowScullyoutFrom

thatpointAlexwasgivenhispoliceescortScullywasnotputoHecon

tinuedwalkingalongwithAlexbadgeringhimOnAprilScullywas

arrestedbyOcerLeonardBentleyandbroughttothepolicestation

Scully was incensed a nd brought a lawsuit against both the arrest ing of

cerandAlexforconspiracyassaultfalsearrestandimprisonment These

were serious charges. Initially Pickup and Calvin prepared Alex’s defence,