Sir Aemilius Irving Papers (F 1027)

Another view of Davis Mill Lock, U.C., 1840 (detail)
Thomas Burrowes
Reference Code: C 1-0-0-0-49
Archives of Ontario, I0002168

• Background
• Introduction
• Explanation of Reference System
• Correspondence and Supporting Documentation
• Main Table
• Printed Material
• Letterbooks

To consult the Archives Descriptive Database for more information about these records, click here.

Sir Aemilius Irving was born at Leamington, England in 1823, educated at Upper Canada College, Toronto. He became a barrister in 1849 and was appointed Queen's Council in 1863. He represented Hamilton in the House of Commons, 1874-1878; was Treasurer of the Upper Canada law society, 1893-1913. He was knighted in 1906 and died in Toronto on November 27th, 1913.

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The microfilm consists of material created or collected during the course of Mr. Irving's work as Counsel for the Ontario government in two major efforts.

A) The arbitration and litigation proceedings between the Dominion Government and the Provinces of Quebec and Ontario for the apportionment of responsibility and liability for the debts and assets of the Province of Canada after Confederation.

B) The adjudication of certain jurisdictional disputes between the Dominion and Provincial governments which helped to establish their roles in confederation.

The main cases in the arbitration were:

1. The Interest Question that arose when settlement under the 1870 award did not take place over fifteen years. At issue was the question of whether interest on the unsettled accounts should be calculated at compound interest or simple interest at 5%.
2. The Robinson Indian Treaties, 1850. In September, 1850, Hon. William B. Robinson M.L.A. for Simcoe, Executive councillor concluded land purchase treaties with the Ojibeway Indians of Lakes Huron and Superior wherein they ceded land in exchange for a cash payment and annuities.
3. Northwest Angle Treaty #3 was concluded between the Dominion Government and the Indians in the Kenora - Lake of the Woods region in 1873.
4. Quebec Turnpike Trust. The Province of Canada had invested Common School Fund money in Quebec turnpike trust debentures.
5. Immigration Expenditures. For a time, after Confederation, the Dominion Government provided financial assistance to aid immigrants in moving from ports of entry inland for settlement. This assistance was stopped in 1880.
6. Hamilton Coupons. London Agents of the Province of Canada had paid certain Hamilton City coupons on security.
7. Upper Canada Building Fund. The main dispute in this case was over the rate of interest that the unsettled account was to be calculated at.
8. Indian land Dispute and Compensation Claims. After the arbitration award of 1893 the Dominion Government suddenly flooded Irving's office with a number of claims against Ontario on behalf of various Indian tribes.

Other arbitration cases are Niagara Falls park cases; Upper Canada Municipalities Fund; the Common School Fund; Senate Gratuities; Trust Funds; Yule Bridge Case.

The Ontario Government made use of Mr. Irving's services as counsel in several jurisdictional disputes with the Federal Government. Among the disputes, the most prominent were the Executive Powers Case; Assignments and Preferences Case; and the Escheats and Forfeitures Case along with a host of miscellaneous cases of lesser prominence, which generated records that are available in this collection.

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The microfilm numbering is not completely sequential. Researchers should examine these listings carefully in conjunction with the detailed Finding Aid on MS 6437. No change has been made in the physical arrangement of these records.

The conversion list is divided into four parts, which reflect the major format differences within the fonds. These are Correspondence and Supporting Documentation; Arbitration Proceedings; Printed Material; and Letterbooks. An explanation of how to use the conversion list for each section is provided.

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In the shelf list, the left column displays the box, package and item numbers. For the microfilm the box number can be ignored. The package number and item numbers is the information that links to the microfilm in the Conversion List.

Review the shelf list, pages 19-97 on MS 6437, to determine what material is relevant to your search. To identify the reel of microfilm, examine the first two columns in this table to match the package and Item numbers. The third column provides the name of the package and the fourth column provides the microfilm number.

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Review the shelf list on pages 102-125 on MS 6437 for material of interest. Request the microfilm, which corresponds to this.

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