Postscript. The Legal Battle over the Jarvis Fine

AuthorC. Ian Kyer
The Legal Battle over the
Jarvis Fine
O 24  1925, when the Ontario Court of Appeal reduced
the f‌ine imposed by Justice Meredith, Jarvis was ordered to
pay $200,000. He, however, was given credit for the $140,000
he had already paid to the province as restitution, and his f‌ine was
reduced to $60,000.1 That $60,000 f‌ine became the subject of a lengthy
legal battle between the City of Toronto and the Province of Ontario.
Jarvis paid the f‌ine to Edmund Harley, KC, the senior registrar of
the Supreme Court of Ontario, on 22 April 1925.2 The city had already
made it known to Harley that it expected to receive this money pur-
suant to section 1036(1) of the Criminal Code,3 which stated that “with
respect to the Province of Ontario the f‌ines . . . shall be paid to the
municipality . . . where the municipality . . . wholly or in part bears
the expense of administering the law under which the same was
imposed.”4 This section had been enacted by the federal Parliament
in 1922 at the request of numerous Ontario municipalities, who com-
plained that they bore the costs of the administration of justice but
lacked the means to pay those costs.5 Nevertheless, after a discussion
with Attorney General Nickle, Harley paid the money to the province.
The city immediately took legal action, seeking an injunction from
Justice Kelly to prevent the money going into the Ontario Treasury.

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