3. Aemilius Irving: Solicitor to the Great Western Railway, 1855–1872

Abstract

This essay in Canadian legal history explores the early development of the delivery of legal services by in-house counsel by reviewing the work of Aemilius Irving at the Great Western Railway. Having practiced over 60 years, Irving was credited for his ability to tackle complex legal questions with diligence and research ability. Though Irving often acted as a partner of Sir Oliver Mowat (Ontario Premier and Attorney-General), Irving also practiced as a salaried corporate solicitor employed by the Great Western Railway – a distinctive structure for his practice. This essay highlights the unique features of one of Canada's first in-house counsel, and suggests ways in which Irving's experience as a railway lawyer fitted him for the role as assistant and confidant of Premier Mowat. Though Irving's role as in-house counsel was controversial to some, his utility was on-par with a group of nineteenth-century English lawyers whose combined legal and commercial knowledge were critical to the success of railway capitalism.