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Crease, Lindley, 1867-1940
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Theresa Moyle family papers

The series consists of correspondence inward to Ada Georgina and Hugo Robert Beaven from Viscountess Katharine Churchill, 1916-1942, Sophia Theresa Pemberton, ca. 1938-1947, members of the Joseph Despard Pemberton (1821-1893) family and friends. Correspondence inward to Theresa Jane Despard Pemberton, 1983-1894. Correspondence inward to Theresa Susan Yoder Moyle, 1924-1973. War diary, 1914-1917, passport and financial papers for John Moyle. Notes, correspondence and genealogies relating to Moyle family. Documents relating to J.D. Pemberton (1821-1893) and family and their estates.

Daniel M. Gordon interview

CALL NUMBER: T3348:0001.1 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1906-1947 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Daniel Marshall Gordon was born in 1891 and discusses his family background and education. Articling with Alexis Martin in Victoria 1912-1915. Compares law practice then with the present (1978). Prominent B.C. counsel. Case involving bribery of cabinet. TRACK 2: E.C. Mayers as law teacher. Gordon's development of legal skill: cross examination, careful preparation, anticipation of arguments. Did mostly solicitor's work before 1950, and a good deal of litigation later. Enjoyed court work. Regrets abolition of Privy Council appeals. Thinks Supreme Court more subject to political climate. CALL NUMBER: T3348:0001.2 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1917-1943 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Daniel Marshall Gordon reviews his cases. Includes: divorce case where it was alleged that second wife had in effect purchased a divorce by co-signing a financial arrangement for first wife. Husband was "Poppy Pope" later an Air Commodore; a libel action in connection with a murder trial which was the first time a civil trial stayed until the criminal trial was over; important 1943 decision that evidence given for discovery shall be deemed truthful where it varies with trial evidence. TRACK 2: Heavy cost of appeal to Privy Council. Case reviews. Functions of Public Utilities Commission 1947 case re Crown expropriation of Vancouver Island power plant. Intervention of appeal procedure by legislature. Significant 1950 test case re liability for damage resulting from abnormal weather. CALL NUMBER: T3348:0002.1 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1947-1969 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: John Hart largely responsible for Legislature's intervention in 1947 B.C. Power Commission case. Case reviews. Significant decisions: 1950 Contempt of Court case re picketing injunction; 1956; decisions affecting right of divorced person to remarry before the time for appeal expires. TRACK 2: Case reviews. Includes: Extraordinary 1961 case about a will involving conflicting judgements over period of years. CALL NUMBER: T3348:0002.2 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1947-1969 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Case reviews. Includes: 1962 case re jurisdiction of B.C. courts over Dominion boards. Opposition of B.C. judges to "Supreme Court Amendment Act 1964" which had the effect of forcing Supreme Court judges to try divorce cases. TRACK 2: Case reviews. Includes: 1965 case re Dominion control of radio; 1967 case re changes in regulations of the B.C. Egg Marketing Board. Notes that Gordon was an Oak Bay Municipal solicitor since 1944. CALL NUMBER: T3348:0003.1 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1926-1975 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Case reviews. Discussion of preference of Canadian courts for following Canadian or British decisions rather than American. TRACK 2: Case reviews. Discusses difficulty of obtaining leave to appeal to Supreme Court of Canada since 1975 policy changes. 1975 decisions affecting taxation of inheritance tax between provinces; Bora Laskin's article on this. Begins discussion of Gordon's published articles since 1926. Stated objective: to further development of the law. Feels judges often more concerned with justice in a particular case than with general principles. CALL NUMBER: T3348:0003.2 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1926-1975 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Case reviews. Includes: 1971 case re rights of Provincial Court to award alimony; significant decision affecting maintenance awards to first and second wife; colourful 1970 inheritance case which hinged on the testator's conviction of his son's illegitimacy. TRACK 2: Case reviews. CALL NUMBER: T3348:0004.1 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1931-1970 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Gordon's published articles. Includes: 1929 article re successive applications to different judges for habeas corpus. Notes problem of incorrect legal decisions which are permitted to stand. Influential 1933 article on distinction between judicial and administrative tribunals. 1933 commentary on whether Workmen's Compensation Board judicial or administrative tribunal. TRACK 2: Published articles. CALL NUMBER: T3348:0004.2 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1931-1970 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Published articles. Includes: 1940 opinion on a government order issued under the War Measures Act; 1944 article which later became the basis for Privy Council decision in Australia; 1943 commentary on case involving war time conscription of foreign sailors. Gordon's association with Herbert W. Davey. TRACK 2: 100 year history of Crease and Company law firm. Begun by Henry Pering Pellew Crease, B.C.'s first practising barrister. Sons Lindley and Arthur Crease continued. Gordon's partnership with H.W. Davey. Recollections of Davey. Active in Liberal politics. Politics and judicial appointments. 1950 Blackball Ferry development. Davey's relations with J.O. Wilson. Davey's opinions respected in Ottawa. Davey dissented with Wilson on Sommers case. CALL NUMBER: T3348:0005.1 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1944-1964 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Published articles 1944-1953. Includes: 1945 article on "Children's Contributory Negligence"; 1951 article concerning alleged disturbance by aircraft 8-1. TRACK 2: 1954 article on whether Labour Relations Board exercising judicial or administrative functions. Discussion of Lindley and Arthur Crease. H.W. Davey's partners: Harold Beckwith, Alan Baker. Development of Crease and Company. CALL NUMBER: T3348:0005.2 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1944-1964 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Victoria law firms. Published articles. Includes: comprehensive 1959 article on fallacies on jurisdictional fact, relation of facts to jurisdiction, etc.; 1960 review of "Judicial Review of Administrative Action" by S.A. DeSmith (1959). TRACK 2: Published articles. Includes: 1961 article on Canadian Bill of Rights; effects of Drybones and Lavelle cases. Bill of Rights' means to prevent hasty legislation; not needed in Canada. 1963 article on recent changes in habeas corpus. 1964 article on "High Trees" case and "Tool Metal" case and concept of promissory estoppels.; CALL NUMBER: T3348:0006.1 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1929-1972 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Discussion of difference in law between concepts of "volens" and contributory negligence. Published articles. Includes: 1966 review of "Jurisdiction and Illegality", by A. Rubinstein (1965). 1969 article "Professional Discipline". TRACK 2: Published articles. Includes: 1970 article "Action on Judgement Under Appeal". CALL NUMBER: T3348:0006.2 SUPPLIED TITLE OF TAPE(S): Legal career of D.M. Gordon 1912-1970 PERIOD COVERED: 1929-1972 RECORDED: [location unknown], 1978 SUMMARY: TRACK 1: Prominent members of the B.C. bench: Aulay Morrison, Chief Justice of the Supreme Court 1929-1942; Archer Martin, Chief Justice B.C. 1927-1940; Norman Whittaker; Sidney Smith; Arthur D. Macfarlane. Outstanding judges: James A. MacDonald, Chief Justice B.C. 1929-1937; H. Davey, Chief Justice B.C. 1967-1972; William McIntyre. B.C. Law Reform Commission; such commissions introduce reforms for reforms' sake, many unnecessary or ill-advised; gives examples.

Commission on the Kelowna Police (1929)

  • GR-0903
  • Series
  • 1929-1930

This series consists of the records of the Commission on the Kelowna Police, 1929. Commission records consist of Letters Patent appointing the commissioner, transcripts of proceedings, exhibits, documents filed but not marked as exhibits, one Canadian Bar Review journal, and the report.

British Columbia. Commission on the Kelowna Police (1929)

Crease family fonds

  • PR-1344
  • Fonds
  • 1753-1965

The fonds consists of diaries, correspondence, journals, notebooks, sketchbooks and account books of Henry Pering Pellew Crease; diaries, correspondence, sketchbooks, notebooks, and letter index of Sarah (Lindley) Crease; diaries, correspondence, notebooks, sketchbooks and commonplace book of Lindley Crease; diaries, sketchbooks, library catalogue and correspondence of Susan Crease; diaries, sketchbooks and notebooks of Josephine Crease, including records relating to Island Arts and Crafts Society; and diaries, correspondence and account books of Arthur Crease. Includes diaries of Emily Howard Crease, correspondence of Barbara Crease, correspondence of other family members, diaries and sketchbooks of Mary Crease, and minutes of the Colonial Securities Company. Fonds includes maps of the Crimea, Toronto, and various locations in B.C. Also includes a scrapbook regarding the Bishop Hills, Dean Cridge dispute.

Crease (family)

Crease family collection

Henry Pering Pellew Crease (1823-1905) was born at Ince Castle, near Plymouth, England, educated at Cambridge, and called to the bar in 1849. He traveled to Upper Canada with his family and explored the Great Lakes area for mining potential before returning to England in 1851 or 2. He then worked briefly as a conveyancing barrister before becoming manager of the Great Wheal Vor United Mines in Cornwall. Following business difficulties, he emigrated to British Columbia in 1858, practicing law in Victoria and becoming a member of the Vancouver Island Legislative Assembly in 1860. In 1861 he was appointed Attorney General of the mainland colony and moved to New Westminster; he was appointed Attorney General of the united colonies in 1866 and returned to Victoria in 1868 when it became the capital of the colony of British Columbia. In 1870, he was made a supreme court judge. Crease was knighted in 1896. British Columbia. His family joined Crease in Victoria in 1860 and four more children, one of whom died in infancy, were born in British Columbia. Crease was interested in business and politics as well as the law. Both as a barrister and a supreme court judge he traveled throughout British Columbia on circuit. His wife accompanied him on some of these journeys. The Creases were prominent socially, and their house, Pentrelew, was a centre for Victoria society. Five of the Crease children lived into the 20th century, and three, Lindley (1867-1940), Susan (1855-1947) and Josephine (1864-1947), never married and lived at Pentrelew until their deaths. Susan was involved with the local Council of Women and Josephine with the Island Arts and Crafts Society. Both painted in watercolours, as did their mother. The two Crease sons, Lindley and Arthur, were sent to school in England and then practiced law in Victoria. Arthur served in France in the Canadian Army in the First World War.

The collection includes diaries, 1834-1900, correspondence inward, 1830-1904, and outward, 1830-1903, miscellaneous records and notebooks, including the minute books of the Colonial Securities Co., 1866-1868, of Sir Henry Crease; diaries, 1872-1913, correspondence inward, 1851-1922, and outward, and miscellaneous notebooks and records of Lady Crease; diaries, 1877-1937, correspondence inward, 1877-1940, and outward, 1893, and miscellaneous records of Lindley Crease; diaries, 1890-1960, account books, 1909-1954 and miscellaneous records of Arthur Crease; diaries, 1865-1943, correspondence inward, 1862-1891, 1902, and 1937, and miscellaneous records of Susan Crease; diaries, 1878-1942, correspondence inward, 1883-1890 and miscellaneous records of Josephine Crease; some correspondence inward of the other two Crease daughters, Mary Maberly (Walker) Crease and Barbara Crease; diaries, 1853, 1870, and 1898, and correspondence inward, 1847-1899, of Emily Howard Crease, Sir Henry Crease's sister, who taught school in British Columbia, and correspondence between members of the Crease and Lindley families in England and the Crease family in Victoria.

MS-2879 is an extensive collection of family papers which, in addition to the information it provides on the lives, activities and opinions of individual writers of letters and diaries, is a rich source of information on such topics as family life, childhood and the lives of women, and a major source on the economic, political, legal and social history of post-1858 l9th century British Columbia. The correspondence inward series to Sir Henry Crease includes letters from important figures in colonial and post colonial British Columbia. The collection contains some records relating to Sir Henry Crease's legal and business interests. It includes transcripts of Crease's private letter book, 1870-1873, Sarah Crease's diary of her trip to Cariboo, 1880, and her letters to her husband, 1849-1859. MS-2879 may be used in conjunction with MS-0054, MS-0055, MS-0056, and MS-0573.

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