Supreme Courts of Scotland and Edinburgh High Court of Justiciary, Edinburgh Scotland

My friend and colleague Braeden Rahn sent me these photographs he took of Parliament House, where the Supreme Courts of Scotland sit, and the High Court of Judiciary, both in Edinburgh, Scotland. Braeden is a law student at the University of Victoria and a paralegal at Geoffrey White Law Corporation in Kelowna. As is evidenced by this photograph he sent me of the Advocate pub, also in Edinburgh, he does find time for dinner. 

Sofia Courthouse, Sofia Bulgaria

 

My son Thomas Rule took this photograph of the Sofia Courthouse, when he was in Sofia Bulgaria in the fall of 2019. According to Wikipedia:

The need for a common building to house all the courts in Sofia was raised in 1926 with the foundation of the Judicial Buildings fund. Construction began in 1929 and finished in 1940. While it was the first structure in this strict monumental style in the city, it was followed by the Bulgarian National Bank in the 1930s and the Largo in the 1950s. The initial architectural plan was the work of Nikola Lazarov, later redesigned by Pencho Koychev. The Court House has a syenite plinth, a facing of white limestone and a noticeable cornice below the top floor. The four-storey building (with two additional underground floors) spreads over a ground area of 8,500 square metres and has 430 premises, of which 24 courtrooms, a library and a bank hall, totalling 48,000 square metres of used area.

The facade features five large gates and 12 columns. In its style, the Court House is eclectic, uniting several Classical themes, with a fourth floor instead of a baluster, as well as Roman and Byzantine style decorations on the doors, windows and corbels.

Tribunal Superior Justicia de Catalunya

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I took this photograph in Barcelona in November, 2019. 

Palazzo di Giustizia (Palace of Justice), Rome, Italy

Kim and I took these photographs of the Palace of Justice last summer in Rome.

The Forum, Rome, Italy

It was in the public square of the Forum in Rome where Cicero argued cases. I took these photos last summer.

Waterloo Region Courthouse, Ontario

I took this photo of the Waterloo Region Courthouse in April, 2018.

Downey Courthouse, Downey California

I took this photograph last October, when I was, perhaps not surprisingly given the photo, in Downey, California.

Parker v. Felgate

My friend and colleague John Poyser sent these photographs of Upper Gloucester Place, Dorset Square, to me.

This building was the home of Georgina Annie Stephens Compton, who died on September 2, 1882.

Mary Ann Flack, signed Georgina Compton’s will on her behalf, three days earlier on August 29, 1882. Georgina Compton had become ill with Bright’s disease earlier that year. She had met with her solicitor, Mr. Parker, on various occasions to discuss making her will. She instructed him that she wished to leave 500 pounds to her father, and 250 pounds to her brother, with the residue of her estate Hospital for Sick Children in Great Ormond Street.

While Mr. Parker was away on holidays, Georgina Compton’s condition took a turn for the worse. She was in and out of consciousness. Dr. Hickman said that she "was capable of being roused and could speak, and did talk about her will." He also said that he "could hardly say she was perfectly rational."

Mr. Parker’s partner, Mr. Ponsford, drafted Georgina Compton’s will on the basis of Mr. Parker’s notes. The circumstances of the signing of the will were as follows:

On the 29^th Dr. Tanner was called in that a fresh opinion might be taken the time when it was proposed to have the will executed. He stated that she opened her eyes, put out her hand, and smiled; that he consulted Dr. Palmer, rustled the will in front of her face, and thus roused her; that he said “This is your will. Do you wish this lady (Mrs. Flack) to sign it?” And that she replied, “Yes” Dr. Tanner added, “I have no doubt about it;” and he further added, “As far as I could judge, she understood what she did.”

The issue to be decided by a jury in Parker v. Felgate (1883), L.R. 8 P. D. 171 (Eng P.D.A.), was whether Georgina Compton was competent to make her will. There was no question that Georgina Compton had capacity to make a will when she gave her instructions to Mr. Parker. In light of her capacity when she gave instructions, what level of functioning was required for her to make a valid will at the time she answered "yes" when asked if she wished Mrs. Flack to sign on her behalf?

Sir J. Hannen, in his charge to the jury, set out the law on this point as follows:

This being the material evidence, the law applicable to the case is this: If a person has given instructions to a solicitor to make a will, and the solicitor prepares it in accordance with those instructions, all that is necessary to make it a goodwill, if executed by the testator, is that he should be able to think thus far, “I gave my solicitor instructions to prepare a will making a certain disposition of my property. I have no doubt that he has given effect to my intention, and I accept the document which is put before me as carrying it out.”

Further in his charge, Sir J Hannen said:

A person might no longer have capacity to go over the whole transaction, and take up the threat of business from beginning to the end, and think it all over again, but if he is able to say to himself, “I have settled that business with my solicitor. I rely upon his having embodied it in proper words, and I accept the paper which is put before me as embodying it;” it is not, of course, necessary that he should use those words, but if he is capable of that train of thought in my judgement that is sufficient.

The jury found that although Georgina Compton did not remember and understand the instruction she gave to Mr. Parker, nor could she have understood each clause of the will if it had been put to her, she was “capable of understanding, and did understand, that she was engaged in executing the will for which he had given instructions to Mr. Parker.”

Accordingly, the will was valid.

Mr. Poyser writes about Parker v. Felgate and the law of capacity to make a will in depth in his textbook Capacity and Undue Influence, published by Carswell in 2014.

Courthouse in Akko, Isreal

My friend and colleague Gerry Laarakker sent these photographs of the courthouse in Akko, Israel to me.

Prince Edward County District Court-House and Gaol, Picton, Ontario

I took these photographs last fall while visiting Prince Edward County in Ontario. The courthouse was the site of Sir John A. Macdonald's first trial, apparently defending himself on an assault charge. Here is a photograph of Sir John A. and me, also taken in Picton:

There are some differences. If I recall correctly, my first trial was in small claims court in Vancouver, and I was not defending myself. I also never became the first Prime Minister of any country.

Old Lahaina Courthouse

I took these photos of the Old Lahaina Courthouse in Lahaina, Maui, Hawaii this summer. After it opened in 1860, this building served as a customs house and courthouse. Now it is a museum. I found this information on the Lahaina Restoration Foundation website.

Larson Justice Center, Indio, California

I this photograph of the Superior Court of California, County of Riverside, Larson Justice Center, in Indio, California, a little over a year ago, in March 2014.

Pasadena Courthouse

I took this photograph of the Superior Court of California, County of Los Angeles, Pasadena Court last March.

Tribunal de Paix et Etat Civil de la Commune de Cite Soleil, Haiti

My friend and colleague Geoff White, traveling in Haiti, sent me this photograph of the courthouse in Cite Soleil, Haiti. Cite Soleil is an area near Port-au-Prince. Its residents face extreme challenges. According to wikipedia,

The area is generally regarded as one of the poorest and most dangerous areas of the Western Hemisphere and it is one of the biggest slums in the Northern Hemisphere. The area has virtually no sewers and has a poorly maintained open canal system that serves as its sewage system, few formal businesses but many local commercial activities and enterprises, sporadic but largely free electricity, a few hospitals, and a single government school,Lycee Nationale de Cite Soleil.

Geoff writes: "And yet, even here the community recognizes the value of a forum for resolving disputes."

Penticton Courthouse, Penticton B.C.

I took these photographs of the Penticton Courthouse today. The following excerpt about the courthouse is from the Penticton Heritage Registry.

The Penticton Provincial Court house is a two storey Art Deco-Moderne office building The Penticton Provincial Courthouse is significant as a symbol of the Provincial Government presence in Penticton, both as a Courthouse and home of many Provincial departments and agencies. Its construction in 1948 reflects the growth of Penticton as a regional business and government centre after World War II.

This building is important architecturally as an example of the transition between Art Deco design of the 1930s and 1940s and the Streamline Moderne motifs of the 1950s, especially evident in the northwest entrance and entrance hall.

Vancouver Courthouse

I took this photo from the Sheraton Wall Centre last fall of the Vancouver Courthouse on Smyth Street, which houses both the Supreme Court of British Columbia and the British Columbia Court of Appeal.

Cour Municpale, Montreal

I took this photograph of the Municipal Courthouse in Montreal, Quebec last month.

Drumheller Provincial Court of Alberta Courthouse

I took this photograph of the Alberta Provincial Courthouse in Drumheller last month. Are there dinosaur bones underneath?

Ottawa Courthouse

I took this photograph of the Ottawa Courthouse in October, 2011, while I was attending the Canadian Bar Association, National Wills, Trusts and Estates Section  Executive meeting. Below is a somewhat more scenic photograph I took from my hotel room of the Parliament Buildings:

United States District Court, Sacramento, California