Item AAAB3672 - Daniel M. Gordon interview

Title and statement of responsibility area

Title proper

Daniel M. Gordon interview

General material designation

  • sound recording

Parallel title

Other title information

Title statements of responsibility

Title notes

  • Source of title proper: Supplied title based on item contents.

Level of description

Item

Reference code

AAAB3672

Edition area

Edition statement

Edition statement of responsibility

Class of material specific details area

Statement of scale (cartographic)

Statement of projection (cartographic)

Statement of coordinates (cartographic)

Statement of scale (architectural)

Issuing jurisdiction and denomination (philatelic)

Dates of creation area

Date(s)

  • 1978 [date recorded] (Creation)

Physical description area

Physical description

Publisher's series area

Title proper of publisher's series

Parallel titles of publisher's series

Other title information of publisher's series

Statement of responsibility relating to publisher's series

Numbering within publisher's series

Note on publisher's series

Archival description area

Custodial history

Scope and content

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.

Notes area

Physical condition

Immediate source of acquisition

British Columbia Legal History Project, [1979-1984]

Arrangement

Language of material

Script of material

Location of originals

Availability of other formats

  • Complete transcript on file.
  • Reference cassette copies (T3348:0001.1 - 0006.2) available in container 000443-194.

Restrictions on access

No access restrictions apply.

Terms governing use, reproduction, and publication

  • Use Restriction: In case of discrepancies between tape and transcript, the transcript should take precedence.
  • Copyright Status: Undetermined.

Finding aids

Associated materials

Related materials

Accruals

General note

Accession number(s): T3348

Credits note

speaker: Daniel Marshall Gordon, interviewer: J.C. Scott-Harston, sound recording: Maryla Waters

Alternative identifier(s)

Standard number area

Standard number

Access points

Place access points

Genre access points

Control area

Description record identifier

Accession area