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40.
– 295.) The Heiress vs The Establishment
by Constance Backhouse and Nancy L. Backhouse – In 1922 Elizabeth Bethune
Campbell finds an unsigned copy of her mother’s will and is forced to pursue
her inheritance as Toronto Trusts and a prominent law firm initially deny its
existence. After a forced settlement she finds her mother’s trustee, 80 year
old Uncle William Drummond Hogg, has mishandled her mother’s funds and cannot
provide a proper accounting. When she takes court action Ontario’s legal and
judicial communities close ranks to protect their “distinguished” colleague and
bencher. With no justice available in Canada she appeals in person to the Privy
Council. A woman of great determination and intelligence she perfects the
appeal, researches the law and argues the appeal (the first woman to argue her
own case before the P.C.) Justice is done when her appeal is successful. The
situation strongly resembles the personal quest for justice of Florence Deeks
(see The Spinster and the Prophet –
No. 43). While Deeks fails Campbell is successful because her facts are beyond
doubt (Hogg should have been disbarred and jailed) and she is a full member of
the Canadian Establishment. Her self-published memoir, Where Angels Fear to Tread, is included. So well written and
compelling I read it in a day. (Aug. 29/05) (Tied for 3rd best non-fiction in 2005)
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Anyone interested in reading the actual Privy Council decision from 1930 in Elizabeth Bethune Campbell (Appeal No. 56 of 1929) v William Drummond Hogg
and others (Ontario) [1930] UKPC 39 (1 May 1930) can read the decision at http://www.bailii.org/uk/cases/UKPC/1930/1930_39.pdf. It is polite but scathing of Mr. Hogg and the Canadian judges who dealt with the case.
Bill - First, thank you so much for the kind words *blush* - I appreciate it very much. Also, thanks for sharing this fascinating case. It sounds as though it set legal precedent and showed too that such a gross breach of trust can be found out. I have to say I love it that Campbell had the perseverance to insist on justice, and that in the end, those responsible were brought to it. I must look for this book!
ReplyDeleteMargot: Thanks for the comment. I hope you will find the book. It is one of the rare non-fiction books I found difficult to put down while reading. I do not want to say more as there are surprises in the book that I would prefer readers experience on their own.
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