THE DEVELOPMENT OF TORONTO'S CROWN RESERVES AS

INDUSTRIAL AREAS, 1793 - 1900

Susan H. Smith

A thesis eubmitted in conformity vi th the requirements for the degree of Master of Arts Graduate Department of Geography

University of Toronto

Copyright by Susan H. Smith 1999

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THE D r n P M E N T OF 'mRm'm'S m m RESERVES

AS

INWSTRIAL AREAS, 1793 - 1900

MASTER OF ARTS

1999

Susan Hildegarde 3nith

Graduate Department of Geography

rniiversity of Toronto

This is a etudy of h w two important induetrial areas in Toronto

developed on land that was originally r e m by Lieutenant-Governor

S a for military, naval and goveniment use, and for supplies of

tinber. W a t i o n of city directories, Land Registry Records, and

gaverrm~nt documents ha8 m a l & that access to a amsiderable amount

of land on Tbrontols periphery ws dependent ai the will of the British

Cmwn, its appointed agents, and the Ontario Goveniment . The -1exity aeeociated with the conversicm of this guverment land to industrial use

undergcores the need to recognize expressions of sovereign power on the

landecape, and evaluate their affect cm land use and uban developaent

in o t k r Canadian citiee. Evidence of factory construction by a real I

estate imrestment fim also undersco~es the need for more reseaxch into

the developmt of industrial space in nineteenth century North Aaerican

i i i

LIST OF FIGURES

1.1. The Coincidence of t k Garrison and 'Park' &servies, 1860 (A) d t h Industrial koas in 1890 and 1923 (B) ......... .2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.1. Québec, 1759 22

2.2. The Plan of the T m of Kingston sharing t k Military Resemations, ûctober 21, 1815.....................27

2.3. Plan of the T m of Kingston showing the Nilitary Resenations, ûctober 12, 1815.....................28

2.4. Gother Mann's Plan of "brento ~ b o ~ ~ : ~ . . . . . . . . . . . . . . . . . . . . . 30

.......... 2.5. Niagara Township in the Late Eighteenth Century.. .32

3.1. Plan of York HarIbo~t........................................40

3.2. The First Extension of York, 1797...........................42

3.3. The Second Extension of York, 1799?.........................42

3.4. The Crown Resenre8 at York, 1812............................44

3.5. Land ûwner8hip and Selecteâ Industries in the 'Park' frcm the Ilcm R i v i e r to South Pazk Street, 1834...............48

3.6. A Proposeci Plan for the Militaxy Reseme Shawing the First Sale of Eighteen Lots, 1833.......................51

I

3.7 The Third Extension of York: Showing the Official ...................... Plan of the Military Reserve, 1837.. ..51

4.4. Land ~ n w s h i p and Seîected industries in the Orànance Reserve, 1834-1867...............................~..........70

4.5. nie Varkl : Land ûunership of Selected Industries ............................ and their Environs, 1834-1867.. .74

5.1. Probable Classification of the Ordnance Resenre with Confede~t ian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..8Z

5.2. Land Oniership and Selected industries in the Ordnance Resm, 1870-1875..................................~.......85

5.3. Land ûwnership and Selected Industries in the Ordnance Resene, Mar& 1, 1879......................................90

5.4. EKchange of Land Between Daninion of Canada, Province of Ontario and the City of ~oronto..........................92

5.5. Land ûwnership and Selected Industries in the Orchance Reserve, Juïy 15, 1880-1886.................................94

5.6. Land Ownership and Selecteà Industries in the Ordnance Resenm, 1886-1900..........................................%

LIST OF ABBREVIATIONS

Journals of the Executive Council of Ontario

Canadian Institute for Historical Microreproductions

Journals of the Legielative Aseeibly of the Province of Canada

Journals of the Legislative Aseembly of the Province of Ontario

Metropolitan Toronto Land Registry Office

Index of Land Registry Records (Archives of Ontario)

Minutes of Meetings, Board of Trustees, Toronto General Hospital

Sessional Papers of the Dominion of Canada

Sessional Papers of the Province of Canada

Sessional Papers of the Province of Ontario

GLOSSARY

'In Canada, Regietration is the rule; In England it is the exception."

(~ladden 1857: iv)

Canada is governed by laws which require the registration of land Titles. Under this system, each settler secured hislher rights to the peaceful and permanent tenure of his/her share of the land through Registry Acts.

Alienate - to transter the ownership of property to another.

Assign - t o t r a n s f e r a claim or right to property to another.

Chain - in a surveyoris chain, 100 links equals 66 feet or 20.12 metres.

Devisee - a person Co whom real property haa been bequeathed by a will.

Fee Simple - tenure that provides the most comprehensive ownersh ip of land and encompasses inheritance.

Preebold - a form of tenure that conveys the ownership of land. Freehold as a Life Estate conveys ownership for a life or lives, while f r e e h o l d in Fee Tai1 limits land ownership to a specified class of heirs. Fee Simple encompasses the rights of inheritance.

Land Tenore - a system of legal and customary rights and obligations by which people control, occupy or use l a n d e d property.

loaee - exclusive occupation, rather than ownership, is conveyed by the landlord to the tenant. Creates an interest in the land for a term of years.

Leaaehold - u s u a l l y a contract which lets the possession and use of land to another person for a term of years for fixed payments. .

Licence - confers permission to enter, and perhaps use, another persons property. Hovever, no interest in the land is created.

Lien - a clairn on the property of another as security for the payment of a debt .

Link - one d iv i s ion i n a surveyot's chain that equals 7.92 inches or 20.12 centimetres.

Ot&ance - al1 veapons, anmiunition, supplies and vehicles needed to move and service these items as ordered, stored, and supplied by the Ordnance branch of the military. In nineteenth century Bri ta in , a branch of the army vhich aupplied veapons and other var materiala, and bought, eold and aanaged i i l i t a r y propexty in Britain and the colonies.

Patent - transfere ownership of a parcel of land from the Crovn to a private individual or organization.

Proparty ~ightm - power to use, alienate, assimilate, pas8 on by succession, or claim Title to landed property.

Pemerpe - land set aside for a special purpoee.

T e m u e - the act or right of holding property. T t w t - in which a person is compelled in epuity to hold

property over vhich he/ehe ha8 conttol for the benefit of others.

Txu~tee - the person to whom anotherls property, or the management of anothervs property is entrusted.

Opset Price - the minimum fixed price at which eomething will be sold at an auction.

Veut - to put a peraon, or group, in possession or control.

Bell, Edwin. 1904. Landlord and Tenant in Canada. Toronto: The Canada Law Book Company.

Black, Henry Campbell. 1990. Black'a Law Dictionarv. 6th ed. St. Paul: West Publishing Company.

Dean, William G e 1992, Notes. In Historieal Atlas of Canada, ed. R e Louis Gentilcore, Vol. 2, 166. Toronto: University of Toronto Press.

Dukelow, Daphne A. and Betsy Nuse. 1995. The Dictionarv of Canadian Law. 2d ed. Toronto: Carsvell Thomson Professional Publishing.

Offer, Avner. 1981. Ptoperty and Politica. Cambridge: Cambridge University Press.

Qadeer, Mohammed. 1985. The evolvina urban land tenure evetem in Canada. University of Winnipeg. Institute of Urban Stud ie s .

viii

Sladden, William. 1857. The Regietry Laws Affectins Land8 in Upper Canada. Toronto: Henry RoweelL.

Webster's New World Dictiona~~. 1970. Second College Edition. Toronto: Nelson, Fostex & Scott Ltd.

West, Jenny. 1991. Gunpowdet, Government and Wax in the Mid-Eiahteenth Century. Suffolk: The Boydell Press.

Zif f , Bruce. 1993. Principles of Property Law. Toronto : Carsuell-Thomson Professional Publishing.

LIST OF APPENDICES

1. 7 VICTORIA ( 1 8 4 3 ) , cap. 11 (SCHEDULE FOR THE ORDNANCE .......................... VESTING A C T ) . . . . . . . . . . . . . . , . . . . . . . .

2 . 19 VICTORIA (1856) , cap. 45 (THE ORDNANCE LANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TRANSFER ACT)........

- m i s study focuses on the comrersion of gweniment-caitrolled

Qm Reserves in the C i t y of Toronto into industrial areas in the

nineteenth century. Several questions pertaining to this process w i l l be

presented in the first part of this chapter. This will be followed by a

kief review of pertinent literature that provides sane insight into the

relationship between industrial developmt and goverment-controlled

land. The chapter vil1 conclude with a discussion on the imestigative

plan and prima- data sources used in t k study.

In 1889, the Tnistees of the Toraito Genera1 Hospital advised

Mrs. Francis Medcalf that she would not be refmbursed for hprovements

made to several lots on King Street East (originally the Road to

~ingston) that had been leased by her deceased husband for a foundry. In

1893, she was rehffed in ter attempt to purchaee these lots fmm the

gwemmmt-appointed Hospital Trustees who controlled a great expanse of

land in what was called "The Park" (Fig . 1.1A). These incidents draw

our attention to an important induetrial area that developed on land

that was reserveà by Lieutenant-Gowmor Simcoe in 1793 for government ,

use and for supplies of tinber. This coincidental development of

industry on r e m land cm the west bank of tha ibn R i v e r led to the

realization that industrial development in the Queen-Spadina-Dufferin

Area also occurreâ on land that had been set aside as a Garriscm

Re-. By the end of the nineteenth century, this Resewe Land

Fig. 1.1. The Coincidence of the Garrison and 'Park' Reserves, 1860 (A) with Industrial Areas in 1890 and 1923 (B) (adapted from Careless 1984; Gad and Holdsworth 1990)

3

contained a substantial part of Tbrontols industrial land that was

associated vith large scale , capital intensive manufacturing

(Fig . 1-18} . This coincidence of manufacturing on goverment-cantrolled

Reserves aises a nuuiber of questions.

First, hm did the Hospital Trustees obtain Reserve Land?

Secondly, Did the Hospital Trustees pureue saie sort of policy that

encowaged the concentration of industry along the Don River in the

180OBs, or did they, as in the Medcalf case, hinder industrial

developient? Thirdly, how did the gaverimaant obtain this Reserve Land?

FourtMy, did the goverrunent use its land in Tomnto to encourage

manufacturing in the city during the nineteenth century? There are

instances where govenmwts use their land to encourage econmic growth,

as in the dwelopaent of a mil1 at Ringstai (Ridout 1815b), coDnerce at

Niagara-on-the-Lake (Tunier 1994, 12), steel w w b at Hamilton (maver

1982, 88-9), and hanes in several Canadian cities (Spurr 1976, 297,

309) There are, by contrast, many instances uhere government,

especially through the nilitary, withheld land fran productive use and

urban development. In England, the Crown held large tracts of forest for

naval timber (Knight 1993, 14, 17), while in Québec City (Charbonneau,

Desloges and Lafrance [hereafter Charborneau et a l . ] 1982, 417, 424) and

Landon, Ontario (Bremner 1960, 56), military authorities ensured that

civilians did not compromise security by utilizing or traversing ,

aiilitary land. In Europe, sprawling helts of fortifications around many

cities afforded the "last and most effective restraint" (de l a Croix

1972, 54) against urban g r a h through the prohibitim of constniction

within these vast areas. In Toronto, by wntrast, the fate of large

areas of military land m a i n s r e l a t i v e l y unloiown. Nevertheleas, the

4

existence of guveniment land on the eastern and vesteni edges of

Toronto, the routing of railways through this land in the 1850ts, and

the gradua1 energence of nanufacturing almg these ail corridors is

clear . Rrere are indicatians that the supply of suitable industrial land

in nineteenth century Toronto was problematic. Beeby (1984, 214, 216-18)

notes that the lack of sites for large scale manufacturing vas a

limiting factor in industrial developrent in t k late 1800ts. The

utilization of s- municipal EXhibition land in the vest end Garrison

Remme did provide space for a new factory in the late 1870%. Kowever,

City Council was soon forced to consider developing deep-uater

industrial sites on marsh land a t t h e muth of t Don River to

acroimiodate further industrializat ion (Mellen 1974, 276-78 ) . Gad ( 1994,

133, 135, 138) refers to this lack of industrial space, but does little

to substantiate his reasons for the uneven distribution of mamifacturing

in non-central parts of the city in the 1880ts.

A considerable amount of goverment land was eventually made

available in Toronto for industrial use. How and when this happened,

howe~er, is not readily appazent. This study vil1 addrese the questions

relating to the comrersion of TurontOfs R e m s into industrial areas

by ewmining the emergence of C m Reserves in Canada in Chapter 2. It

will then systematically probe the many stages in the alienation of

Toronto's R e m s in Qiapters 4 and 5 to f ind out how manufacturers

acquired this land for producticm.

A kief literature review will be undertaken to gain sane insight

into the possible relationship between governnent-controlled militaq

land in Toronto and the amergence of induatry on this land. The f irst

part of the rwiew will focus on the allocation of inâustry in

nineteenth century North hnerican cities. The second part will examine

barriers to land allocation, as well as referaces to land ownership and

land for industry. The final part vil1 examine relationships between the

State and urban land, especially in Canadian cities.

IMXllSTRIAL UX3ATïON AND LAND

Raditional literature on the spatial structure of industry is

based on Weber's and Scott's theories which focus on the location of

mufacturing instead of the creation of industrial space. Ihider W&berts

(1957, 27, 31-2) theory, the determination of the least cost location

for industry is governed by the minimizatian of tranaportation costs.

Distortions to this orientation cm be caused by variations in the cost

of labour at different places, and by euch agglamerative forces as large

scale, niechanized production or the clustering of several plants to

effect savings. By focusing on these three locational factors, Weber

(1957, 26) chooses to ignore the acquisition of "the real estate for the

1ocatiorPg, unless excessive land prices affect tk -t of 1

production. Scott (1980, 4, 13, 15), like Wëbr, al80 assumes that

access to land for manuiacturing is unprohlenatic, rnless high prices in

the urban core put pressure on this minor input of capitaiist ccPmodity

psoduct ion.

mirical studies of several nineteenth century North American

6

cities Say reiatively little about land ownership and land for

manufacturing. mer 's (1968) description of the changing physical fonn

of Philadelphia due to 'privatisrn' is such an -le. Dunn and r)rmnls

(1982, 5, 16, 19) reference to the conflict between W i l l i a m PeM1s

proprietary rights and the rights of Philadelphians to use and enjoy

their property suggests that an hierarchy of land omership affected

land use in Pliiladelphia. Howevier, the inpact of Penn's lesenation of

prinie riverfront land for himself, and the allocation of 100 acres of

land in the centre of the city to the Society of Free Traders for

industrial and cosmiercial use, is not examineà.

In their evaluatim of the distributim of industry and households

in Chicago, Fales and Moses (1972, MO, 164) ignore the impact of land

and land ownership because they assume that prior locational ccmnitments

were eliminated with the destruction of much of the fixed industrial

capital in the Fire of 1871. However, property rights, like the rights

of way of the various nodes of tramport, renained f h d on the

landscape for consideration in the lacational decisions that

manufacturers had to make for the qui& resinnption of production. Muîler

and Groves (1979, 175-6), in their study of energing industrial

districts in Baltimore, allude t o the lack of open space for indwtrial

developnent on the settled, eastern edge of the city. Houever, they t a i l

to explain how manufacturers acquired land in the three new districts on 8

the outsldrts of the city.

Leuis' (1992, 121, 136, 16065, 237) a m i a i t of the ways in which

gave-t-supported local alliances assenbled land and providecl the

necessary infastructure and housing to attract manufacturing to

non-industrial land an the periphery of ~0ntréa.l provides nev insights

7

into the creatiai of urban industrial space. Howevier, Levis also notes

that land omers and gavenvnent couid also constrain t h develo-t of

private and public land for industry by blaking access to suitable

locations. Gad (1994, 115) argues that a broader investigation is needed

into the creation of new industrial space that goes beycmd the concept

of local alliances and ewnines the political vil1 of the State.

=ERS Tü LAND ALLOCATION

Traditional litetature on the location of mufacturing assumes

that land was available for industrial use. fIowever, general discussions

on land markets and urban land use raise the subject of barriers to land

a3location. Pîany moàels of urban land use and r a t are adaptations of

Von Thunen's (1966, xxh, 271) theory of agricultural production, i n

which the efficient allocation of land is detedned by wmpetition

between uses and the papent of rent for the eost advantage gained in

obtaining a site near an assumeâ central marketplace. The resulting land

pattern is depicted as a series of concentric zones of exclusive land

user hich decline in intehsity and rent from the city centre. W l e Von

Thunen considers the supply of land to be t h e d in his tkory, he al=

ass-s that there are no constrainta on the supply of property (Doucet

1982, 300; Fales and Eioses 1972, 137).

Firey ( 1947, 137-39, 150-59, 169), on the other hand, shows that ?

Weber's and Von Thunen's theories cannot acwunt for instances of

non-productive land uses, as seen in the burial ~ O U L ~ S ~ Chuches,

govemmmt buildings, historic sites, and the CQmion of central

Bostan. By ipnoring these barriers to land acquisition, Weber and Von

Thiaien ignore factors that affect the efficient allocation of land and

8

uses through the reinwal of land fmm eronomic production, the blockage

of urban expaneim and increased congestion. Alonso (1977, 17) also

reqnizes that such "reserved landm as ceaietexies act as "holes" on the

surface of an isotmpic urban plain. Houever, he ignores such

conplications in the developwit of his d e l of urban land uses.

It is generally accepted that the allocation of urban land uses

parallets that of agricultural location through a pmcass of ampetitive

bidding in an open land market and the paynient of rent for an accessible

location that w i l l gamer the greatest profit. The resulting pattern of

concentsic zones of discrete but pmgressively lese intensive uses

reflects the advantages of substituthg rent for transport costs.

However, the assumption that al1 wban land may be freely bought and

sold in an open land market is seen as w e a l i s t i c given the lack of

perfect knowledge, irratiaial decisions, the conplexities of land

ownership and occupancy, and t k extent of gove-nt intenrention in

the narket (Alonso 1977, 15, 16, 117-18 ; munie 1981, 191 ) . Diatortions in the effective allocation of land uses can arise if government, for

* instance, establishes greenbelts (or defersive zones) on the edges of

urban aceas. Such developnents not cnly remave land f m n the market, but

they also increase land values and intensify land uses in adjoining

areas. M~reover, higher rents rithin the city force f i n s (or

housd~olds) beyond these zones into zones vhere higher transport costs

are paid. ~&erthelass, it ie possible for these zones to berone

significant areas of development if they are declared redundant by

gwerrinant and released into t k urban land market (Whiteband 1987,

71.3).

Tbese location and land use 1K)clels contrast with Mamcts (1981,

9

758-9, 909-10) analysis of the relations between capital, labour, and

land, in wfiich land is perceived as the econanic value of monopoly in

landed property that arises through certain rights conferrd by the

inst i tut ion of private property. Such tighta allov a land orner to

create an absolute barrier to the investaient of capital by withholding

land from the market. However, a re la t ive barri- can also be created

uhen the land owner pemits a fanner t o invest his capital in the

utilization of the soil. Such re la t imships not only allow the land

owner to ewct rent, but t o alao effect the return of impmved land a t

the fa11 of the lease. Urban land use is also affected by the

monopolistic pwer of private property as exercised by a class of

landlords who e x t a c t a certain rent in retum for providing

a c c d a t i o n , or other structures and hprovements, for u t i l iza t iar . In

order t o effect a set retuni, this class of landlords may let their

fixed assets deteriorate, or they may witMEaw their property from t h e

market in order to realize an appropriate r e t m through the conversion

of the land to a higher use (ilaney 1973, 171, 187, 191; 1974, 9-10).

While Max% and Harvey asa ibe i m p e d h t s i n the flaw of capital

to the mnopoly of landed property, EQnr (1981, 904) al80 notes that

great stretches of Crown and ronmon lands were arbi t rar i ly withheld from

a l t i v a t i o n in old, established civil izat ions . In England, for instance,

the reservation of such Crown lands a s Royal Forests and military #

instal lat ions not only remuved vast tracts of land fmn agricultural and

tuban use, but also created a barri- that denied labour fsee access to

the land (Harvey 1989, 92; Rniaht 1993 r 14 r 17) . Traditional litetature on industr ial loca t ia i and urban land use

focuses cm rational econdc rasons for the spatial distribution of

10

industry and otkr urban land uses. Otkr literature auggests that these

appmacbs neglect social adaptations to spaœ and instances of

non-productive uses of space. Maet empirical studies of industriaï

developmt in nineteenth century NoIth American cities assume that land

was freely available for industrial use and could be acquired in the

land market at the appropriate yrice. Madst litetature, on the other

hand, considers land ownership to be an inpedinient to the investment of

capital and labwr on the land. In their detailed analyses of nineteenth

eentury industrial developnent, Lewis, and Gad, euggest tbat the

monoplistic powef: of private property and goveriiiment control could

create barriers to the development of land for industrial use.

tlRBAN LAM) AND THE STATE

The State is usually considered a supporting actor in the

aammïation of capital and the dwelopnent of epace t h u g h market

intervention, planning, zoning , and the pmvision of infrastructure

(Fom 1954, 317-18; Harvey 1973, 163-67; Offe and Ronge 1979, 346-350;

Simon8 1986, 21). Lefebvre, h ~ w e v e ~ . sees a mre distinctive role for

the State. While recognizing the Statevs supportive and intenmtionist

roles, Lefebvre (1979, 287, 293; 1991, 85, 281, 354, 375, 378-83) argues

that the State also produces space to actualize its power in order to

organize, control and utilize space for its own needs. A similar view is ,

held by Marshall ( 1925, 5 : 443 ) , utio suggests that g~vernments are quite

capable of undertaking large, usually militaxy, projects ai their mm.

Examples of such projects can be seen in many European cities,

vhich m e fortified "at the behest of an absolute rulerM (Argan 1969,

106). The fom of these u&an defences changed fmm high waîls in the

Middle A g e s r to extensive, low earthwozks in the a h t e e n t h ~ e n t q , in

cleared, defensive zones beyaid these walls, al80 became a daninant

feature on the European landscape by the eighteenth century. Such

restricted defensive zones not only separateci the city fran the country,

but they also prevented lateral urban expansion until such defences were

rendered obeolete by rifled w e a p a u y in the nineteenth century (Argan

1969, 19-20; de la Croix 1972, 8-9, 39, 42, 54-6).

Whittlesey (1935, 85-7) has also argued that such phenmena as

bowidaries, security features, s w e y and land tenure systems, as well

as lavs, taxes and tariffs, are expressions of sovereign power on the

landscape which should be recognized ae elonenta in the geographic

structure of regions. Such power was first expresseci on the Canadian

landscape by the French monarchy by virtw of 'Discovery' , and then by

the British Crom with the Ccnquest of New France and the issuance of

the Royal Proclamation of 1763, by which the Crown declareci its right to

dispose of al1 land under its jurisdiction. ünder English land tenure,

a l 1 English land is held by the sovereign unlese g m t e d to mabjects as

tenants through a freehoîd (owned) or leasehold (rented) estate i n

return for allegiance, service, revenue, or other benefits. It is

through this exdiange that the title and rights to land are established,

wfiich permit the orner or occupant to conttol a particular space for a

specific the, subject to the Croni's prerogative and any conditions. In

Canada, a l1 land not gxanted to private persona or organizations is also

held in the name of the Crown as Crown Land. The C m n i may also reserve

or appropriate land for such spedf ic uses as military installâtionsr

' Indian' land, and parks. -le both federal and pmvincial gavenmients

12

my curently hold land, it is t b provincial g o v e r n t that retains

exciusive authoIity aver property rights (Black 1990, 376, 1307; ~ l o w

and Mise 1995, 280, 1247; Legislative Aôsemb1y of ûntario 1905, 1; Lucas

19120 26-8; Q a d w 1985, 8-11, 31-2; Walker 1980, 322, 3498 497; Z i f f

1993, 36-98 42-3, 45)

It is through the exercise of eovereign power that strategic

locations and boundary settleaients, for instance, often contain

fortifications and restricted defensive zones to g w r d against

aggression. In Canada, rudimentary defences initially protected

settlements fram hostile Aboriginal Pwple who opposed Euopean

encroachnient on their land. Howeverr the construction of new and

additional fort if ications were soon necessary as Anglo-French rivalry , and deteriorating Anglo-American relations, turned North America into a

major theatre of war in the eighteenth œntury.

While such hostilities fostered military wotks, it se- that the

construction of the classical, fortified European city in Canada was,

with the exception of Lûuisb~~igr constained by the high cost of

colonial defence ( H e m 1992, 83, 88, 90; Stelter 1982, 6; e s t 1991,

100). Nevwtheless, ance such fortifications uere deened redundant

by gavernment, it became possible to rsmDve then i m the lanâscape so

that the rasulting spaœ could be utilized for neu purposes. Such a

p m s s , Whitehand (1987, 70-3) emphasizes, deserves attention because 1

the remval of such defensive installations affects urban developnmt,

as well as =ban rand values and land uses.

L i m t u r e on Canadian cities provides insights into the

relationship hetween goveniment land and =ban developmt. Such

13

Ontario, when d s t i n g reserwd land at tba forks of tlre Thames River

wae used for the establismt of a new District capital (~nietsaig and

Brock 1974, 85-90}. Uzban develogment murd alw be enhanced by the

acquisition of gamment land for recreatiaial pwpaes. In Halifax,

for instance, a Coawn of several hundred acres uas granted to

Haligonians by t k ïmperial Guwmmnt, a l e in Montréal, the city vas

able t o lease the former British stronghold of St. ?lelenls Island frm

the federal g~vernment. niis same goverment also alloved Vancouver to

utilize the Nwal Reserve a t th Narrows of Burrard Inlet for a park ai

the cadition that the gaverraent couid use Stanley Park as a base in a

state of oaieqency. Sorel, on the other hand, purchased Military Reseme

Land to facilitate urban expansion. In Edmonton, new gtovth in the

1950's was acconmodated by using a considerable amount of land that the

city had accmuîated in the 1920's for back taxes (Akins 1973, 69; Dean

1992, Plate 24; Jenkins 1966, 412-13; Pethick 1984, 151; Smith 1990,

Plate 20; Spurr 1976, 83; White 1967, 158).

Urban developnent could also be constained when govemumt land

vas used for defence. In Québec City, the p r e s m t i o n of the

fortifications and the acquisition of open space for tactical operations

hinderad the city8s developnent. In the üpper Torii, the encircling wlls

and large proportion of military pmperty foxcecl urban expansion beyond

the walls to the subutbs. )Iowwer, suburban developnent was also 1

constrained by the establishwnt of a cleared d e f a i v e zone outside the

ualls and the construction of more peripheal fortifications.

aaaainications Uiroughout t h city were alm disrupteà as military

authorities restricted the nmber of roads acmss militaxy land, or

failed to raintain roads adjoining their property. Conseqaently, efforts

14

to effect orderly developnent by municipal officiais were uaually

subordhate to strategic objectives (Charbonneau et al. 1982, 424, 428,

430-33; Lacelle 1982, 171, 180). In Loridm, Ontario, the eetablismt

of an llnperial garrisai and Military R e m lad to similar canflicts

between municipal and military authoritiee, w u d i m e eventuaîly

settled by the Co& and an exdiange of land. It inay be that these

events played a role in t k distribution of municipal, pravincial and

fedeal land in London in the 1960's (Bremner 1960, 55-63 Campbell 1918,

Fart 9, 5; Simm a d Huebert 1970, 48, 52).

This study on the developent of Torontoîs Crpni Reserves as

industrial areas vil1 begin with a survey of law dict iowiea , studies

an British land policy in Canada, Canadian urban histories, and the

Historical Atlas of Canada in order to shed light on the features of

Crown Rasemes and find examples of otkr Crm Re-s in Canada,

especially mes that were set aside for military pirposes in early

Canadian settlenents. The study w i l l then focus on the establishment and

developmt of Toronto's (originaîly ~ork) Rems to trace any changes

in the extent, access, usage, and land ownership of this land. This

development will be &ned in three periods to reflect any control

that the British C m , City, or provincial and federal gwernments may #

have had mer land use and land ownership of the Reserves. The first

period u i l l cover t k establishment and development of the Crown

R e m s at York and the exmrgence of manufacturing in them fran 1793 to

1834. Tk second periaï vil1 trace any dianges Co t k R e m and

industrial activity fmn t k tine of the incorporation of the City of

15

Toronto in 1834 to the creation of the Daninion of Canada in 1867. The

final period dl1 examine any immlvmmt by the new federal and

provincial goverments for the remainder of the nineteenth century.

References to pacticular sections of 'Ibronto's Cmni Reaerves vil1

follow the termfnology used by the Ministry of Natural RemUrces (1976)

regarding the disposition of Cmwn Lands. ühder this, the Military

Reseme, lying between Garrison Creek (m Walnut A-) and Peter

Street (now Petet Street-Blue Jays way ) , and the Ordnance Reserve, lying

between Garrison Cree and Dufferin Street, are considered absections

of a larger area known as the Garriscm Resenre in the west end of the

City. Reserve Land on the easteni edge of the City by the Dai R i v e r w i l l

be referred to as the 'Park1 instead of the Govieniment Rese~e or

Chmon, especially after 1818.

An avenriew of Toronto's Crown Remes and the developnt of

nanufacturing on this land was obtained fran contemporary maps, Goad's

atlases of Toronto, and references in genetal histories of the city,

especially those by Robertsai ( 1894) ; Micidletan ( 1923 ) ; Guillet ( 1934) ;

Egsters (1947); Kerr and Spelt (1965) ; Scadding, and Firth in 1966;

Glazebrcok (1971) ; Careless, Gentilcore and Head, and Rust DfEye in

1984, and McH~gh ( 1989) . bfore detailed patterns of nwufacturing on

Reserve Lands were determined by using data fran city directories. Easly

industrial activity in the Reserves m s often difficult to pinpoint 1

because of the infreqwnt publicatian of early directories and the lack

of cro88-streets for reference. City directories in the 186û1s -came

these probleis and were sampled at five year intervals , with allowance8

k i n g made for the one yeat publiahing delay. City Assesmts were also

used for cases where more informaticxt was needed to determfne locatian

16

or land ownership. Following tb wpping of this data, a randan

selection of manufactursrs was talren fran each period and each section

of the Crown Reserves in order to trace the land ownership for the

selected industrial establishments.

The alienation of Toronto% C r m Reeerves as uelî as the land

ownership of the select& industrial establishnents were traced through

the pertinent 1nst-t Nimibar and Date of the Patent, Gant, Deed,

Lease, Lien etc. from the Index of Land Registry Records at the Archives

of Ontario, and the Abstract Index Books at the Metropolitan Toronto

Land Registry Office. With this information, it vas usually possible to

obtain the required documents on microfilm a t the Registry Office. The

recitals in these docimients are a unique and valuable history of a

particular propertyt which can provide insight into the Crounls

prerogatives, special conditions, and even business and social

relaticnships attached to the property.

Recoristnicting industrial activity and land ounership in the

'Park' on the west bank of the Don River uas hampered by inamplete

records. An exadnatim of the Minutes of the Meetings of the Hospital

Tnistees in the archives of the Toronto Hospital, General Division

revealed a great deal about residential developœnt and the management

of Hospital property throughout the city, but very little about

industrial development. This m y have been caueed by the lack of Minutes 1

between April 1848 and March 1866, which covered a period of strmg

industrial grovth along the louer Don River and the construction of the

Grand Trunk Railway across the southern edge of the 'Park1. Difficulty

m s also experienced in tacing land ounership fmn the Minutes because

seveal decades often passed before the required d-ts vere prepared

17

and del ivered to the appropriate penions. Howevier, it was possible to

obtain infoxmation on deve10pnent in this much neglected area east of

Parliament Street fran Gantonms (1974) qloratory pper on the abject,

and frm reports that the Inspecter of Prisais and Asylums and the

Trustees thenselves had to suhait cm the state of t h Hospital and its

finances.

Ganton's (1975) detailed investigation into the conversion of the

government-controiled W l i t a r y ' (Garrisan) Reserve into private

property prwided an excellent base for the reconstruction of land

ownership in this area. However, the reconstruction of developmnt in

the western Ordnance Reserve was hampexed by the fact that this land was

a restricted militam zone. Coneoquently, Colonial Office Records and

the correspondence of the Ordnance Board and Royal Engineers' Department

in British Militasy Records at the ArcSiives of ûntario were useful in

tac ing the inrpact of dlitary control on this large area as were City

of Tbronto Council Minutes and By-laws. Tk Statutes, Appendices and

Journals of the Legislative Assenblies of ü'pper Canada, the Prwinces of

Canada and Ontario, as well as the Debates of the Hause of Conanons of

the Dominion of Canada also provided important information on the

Ordnarice R e m . The Journals of the Executive Councils of the

prwincial governments were also useful. The anmal reports of the

1nsC;ector of Prisons and Asylum in the Sessional Papers of Ontario

provided information on provincial holdings in the Reserve. Reports on

ûrdnance Lands by the Secretary of State and the Departoient of the

Interior in the Sessicmal Papers of the Daninion of Canada al= provided

information on the developent of this Resenie.

The d e t d n a t i a i of land ownership in the Ordnance Reserve has

18

been less conclusive because o f th lack of docmmts. Entries in the

Abstract Index Books provide better information on the transfer of land

f~asi the govenwnt to private persans than ai th transfer of land

betueen governments. Efforts ta tace these latter exchange8 through

searches by staff a t Industry Canada in Ottawa have met with little

suaxss. Houever, a Special Grant to the P m v i n c e of Ontario by Edward

VI1 in 1904, for the purdiase of six acres of Ordnance Land on the west

s i d e of Stsachan Avenue in 1872, doea prwide eome insight into the

process of comrerting government-held military land in a Canadian city

to new uses.

Land may be perceiveâ by its physical attributes, as space, or as

property (Doucet 1982, 300) . It nay aleo be seen as the territory of an

empire. Crown Reserves are tracts of land that are set apart for m i a l

purposes by the w i l l of a sovereign acting as the Head of State (the

C m ) , or by a govenunent acting in the nanie of the Cmni (Waiker 1980,

220-1). H o u such Crown Resemes cane to be impressed on the landscape of

Canada by the -rial Gavenmients of France and mgland, between 1663

and 1793, ie the eubject of this chapter.

Early French colonization in Canada wae the reepansibility of

government-epcnsored trading coinpaniea. It was characterized by the

establishment of the ~ n a l l , fortif ied trading poete of Qu- and Trois

~iv ikes , and the mission of Montréal. These settlements came under the

direct control of Louis X1V in 1663, after the revucation of the Royal

Charter of the Company of New France for i ta failure to f u l f i l l ita

settlenent oblf gatione (Harris and Warkentin 1983, 32; Hugo-Brunt 1972

127, 157) . (hi beconing the capital of the Royal Cblony oi New France,

Québec% defences were iniproved and extended aroimd 1700 by military

engineers. Substantial improvements were al- made to the W l s that

enclosed the new, regional administrative centre at Montréal. Efforts to ,

e8tab1ish greater control aver the fur trade led to the ccmstruction of

fortified poste a t the muthe of the Cataraqui, Niagara and RimJmr

R i v e r 8 an Lake Ontario, and at other sites azOPUICl t h Great Lakes.

20

mrovements to defences in axisting French aettîements usually

inyolved the expzopriation of landed pmperty based on the King's

nsupreme right over the kingdomls landm and his np~erogative to

expropriate for fortificatiais* (Charbonneau et al. 1982, 418,

419). Consequently , land m e r s were at the mercy of the Ring and rarely

received ccapensation for their land. In eome cases, in which

expropriation involvecl leased land, tenants wuld not enjoy their

property because they vere prohibited fmm building an ft. Campensation

for material damge or the removal of buildings, on t k other hand, was

dischargeà by the State at sane point in time (Chaxbonneau et al. 1982,

418-20).

In 1717. the French Gwemœnt decided to establish the

administrative centre of its colony ai Zle Royale (Cape Breton Island)

a t a fishing village on the northeast coast of the island, vhere the

flakes, wharves and waxehouses of fiahexmen and merchants already lin&

the shore. The traneformation of this tiny village into the

Renaissance-style fortress t o m of Louisbourg by m i l i t a r y engineers

required the expropriation of landed pmperty, the re-aligment of

property lines to aeate straight streets for efficient troop iiwemwt.

the ~eeservation of land for epeciai purpOSe8, an8 the

testrictions on construction around the fortifications

al. 1982, 29; Donovan 1987, Plate 24; baniey 1965, 29; I

5-8).

introduction of

(Charbonneau et

Johnstc#i 1995,

With the capture of Uuisbouzg in 174% French authorities in t k

tuwn of Québec expropriated land in th üpper Tbm to camplete t k

fortificatiœw acmgs Cap Di-to and establish a defensive zone in

fmnt of the w l l s . In this zone, no coiistntctiun wae paEmitted to

21

interfere vith the f ie ld of f ixe o r pravide caver for the ensmy. These

defenœs did not lead to an inmediate ahortage of space in the üpper

Tbni. HDvwer, they did estabiish a barriex for future urban grouth

(Fig . 2.1). Following the retun of Uuisbwrg in 1748, France r e n d

its eftorts to control t k fur trade in the interior, while Britain

decided to secure conixol wer its Colony of Nava Seotia (Charboaneau et

al. 1982, 403; Harris and Wazkentin 1983, 173-5; Lafmnce and

Charbonneau 1987, Plate 49) . In 1749, Governor Cornwallis arriveci a t Chebucto Bay to iound the

gavernment-sponsered toni of Halifax as th garrimed capital of the

colony, and a wunterpoint to Fortrese L O U ~ S ~ O W ~ . The original plot of

IhEalifax was la id out a t t b fcot of a comaanding height, just beyond

epace that had been reserved along the shore for the King's Wharf, the

Ordnance and Lumber Yards, and for any other gcweninwrt purposes.

Sixteen town l o t s were surveyed in each of the regular blocks of land

that surrounded a central Grand Parade. While t u s resenred area was

used for military and o t k r purpoees, it remaineci public property. A

series of blackhouses, that were connected by pl i eades and surrounded

by a cleared defensive zone, i n i t i a l l y pmtacted the town. Lots w e

al= surveyed in the

Suburb unt i l t h e

installations along ,

and on prominent

South Suburb, but nane uese laid out in the North

following year. The ~0118tmction of new military

the harbour, throughout the toni, in the mburbs,

elevations, following the m i a l Government '8

reaïization of the strategic iiapartance of Haïifw for aaniting an

offensive against Québec, created additional obetacles for the expansion

and g*noiric develoapnt of tk t4ni (Akins 1973, 3, 5, 10, 24-5, 66-7,

211).

23

Following the Conquest of New Fance in 1760, Britain had to deal

with gaveniing a highly urbanized colony vith established systenis of law

and land tenure, a well organized fur trade, and a potentially dangerous

population. While British and colonial troops oecupied French

possessions, it was in Qéhec that British strategic objectives made a

significant impact on the tom's future spatial developmsnt. After

occupying mst of the Upper Tbwn for mflitary and administrative

purposes, Rritain made plans to *and the fortifications and construct

a Citadel and Esplanade within the walls of the Upper Tbwn.

Conseqyently, Britain tried to detennine the extent of the Royal m i n

around the existing fortifications and trieci to establish title to lands

sciieduled for expzopriation. Since the British apparently senained

marare of the French Ring's prerogative to expropriate land for

fortifications (Charbonneau et al. 1982, 406, 410), land holders gained

the right to receive compensation for their land munless a special

reservation for the construction of fortifications had been specified in

the original concessionsu (Charbonneau et al. 1982, 422). As a result of

this judicial opinion, British authorities either purchased,

expropriateâ with compensation, or renteci land for milita- wrks m e s s

there was a state of hostilities. By appropriating nearly half of üppes

Tom, "the British army reduced the residential and comnercial area,

contributed to crowding, and accelerated the expansion of the suburbsM t

(DeChene 1987, Plate 50) . This led to the mesgence of the Subwb of

Saint-Jean, which vas alloved to develop in front of the western valls

contrary to ïnst~ctions issued to al1 Goverriors in British North

America by the Iaiperial Oovernment (Charbonneau et al. 1982, 392, 299,

4034, 406-7; Harris 1987, 117; Isin 1989, 12).

24

In 1763, France fonakily relinquiahed i i~s t of its posseeeions and

rights in Nosth m i c a . By the R o y a l Prociametion of 1763, the British

Cr- declared eminent domain, established the bundariea of the

Province of Québec, and unilaterally resented al1 tb land uest of th

Appaîachiana and the Ottaua River for 'indiane'. The Proclamation aîso

outlhed procedures for the surender of 'indian' land to the Croni,

aftex vhich the Crown was free to use a redistribute such land as it

saw fit. These procedures weze follared in 1764 when the Serieca

surrendered a three kilometse vide s tr ip of land, on the west side of

the Niagaxa Rives, between Lake Ontario and the top of t h Escaxpmt,

to provide spaee for additicml barracks at Fort Niagara. Pacil i t ies for

the Provincial m i n e were aleo erecteà an this new gommmnt land

after the fornial purchase ( G l e n n e y 1990, 38; Surteee 1994, 92-7; Tunier

19948 187).

The establishment of such British institutions as English law,

Rqlish land tenue, and settlement practices vas inherent in George

IIIBs declaration of eminent danain in 1763. Ganeral principles of land

settlenwt had emerged in th Colonies in the 1750's basecl on the

establishuent of township containhg centsally-located tanisr once

enough familias had settled (Gate8 1968, 6; Isin 1989, 9). The

application of these principlee to the new Prwince vas effecteà by

Royal InstNctions in which the Goverrw,r was ordered to establish 8

townships of "about TWEMN thouaand acresn vith the "wst convenient

part o f each township to be niarked ait for buildfng a tom.. . taking

care tbat the said town be la id out upon or os neax a8 conveniently m y

be to aaœ navigable river or the River St. LawrenceBt (Labaree 1935,

538). The Gmeznor uas also i n s t n r t e d to "reserve to us proper

25

quantities of land in eaeh township for th folloving pirposesr viz: for

erecting fortifications and baracks wfiere necessary, or for 0the.r

militaq or naval services, and more particularly for t k gravth and

production of naval thber". Land was also to be res@ for the

I1building of a churchw , "the maintenance of the ministe~, and "for a

school+meterw (Iabaree 1935, 5374).

Ruther Royal Instructions required timber reserves to be

Wxmnient to vater carriagew ( W e e 1935, 601). Surveyors employed

in the Province of Qu- were also required to reserve tracts of

woodIand lying "adjacent or contiguoue to any fort or fortificationN

vhich, in the opinion of the fort's Conmander, uould be Qufficient for

a permanent and certain supply of fuel for such a garrisonw (Labaree

1935, 602-3). The execution of these Royal Instructions wae intended to

reduce the extravagant prices that yarrisone had been obliged to pay for

f irewood . Through the Québec Act of 1774, the Imperia1 Goveriiment extended

Québec's boundaries into l Indian Territory ' , around the Gteat Lake8 and

into the upper Mississippi and Ohio R i v e r valleys, which knerican

colonists yearned to control. l h i s Act, al- w i t h other unpopular

Imperia1 acte, angeseâ Americans, who i m d e d the Province o f Québec in

an effort to gain independence. Following t k eurrender of ~cntréal to

Amarican troops in 1775, m i t i s h forces razed the suiwrb of saintdean I

in the tani of Québec to prwide a cleased defeneive zone in frmt of

the uestern ualls. In Halifax, British authoritiee exp)~:op~iateà 8 3/4

acres of private property in 1776 for the urgent constructicin of a nev

fort to protect the northern approaches to the Naval Yard in the North

Sukirb, and to the torn (Akins 1973, 210; Charbonneau et al . 1982, 405;

E c c l ê ~ ~ McCamell and tasldn 1987, Plate 44; Etickeai 1984, 2, 7 , 8).

26

nie military and political faœ of North America changed with the

~pit~lation of British tr00ps in 1781. By the Treaty of Parie in 1783 , Britain retained Newfounland, the Island of Saint John (Prince Edward

Island), NOM Scotia, and a a l e r Province of Québec, uhich nuw

stretched westwasd to the north of the Great Lake8. Thaee changes not

aily forced Britain to consider new defensive atrategies to protect its

remaining territory, but it aleo for& th gavenmDent to help layalist

refugees f ind new places to live. mile m ~ e t Layaliets settled in the

Atlantic prwinces, others were accamiodateà on land that had been

pwchased from Aboriginal Nations on the upper St. Lawrence River, Lake

Ontario, and the west eide of the Niagara River.

The land around the good anchorage at the muth of the Cataraqui

R i v e r was sunreyed for Loyalist settlement and the constnicticn of a new

naval base, folloving the succeesful ~ l e t i o a of the Trawford

Purchaset vith the Mississaugas at the eastern end of Lake Ontario in

1783. An extensive Reserve, of approximately 822 acres, uae set aside

around tvo bays on the east side of this outlet for military purposes

(Fig. 2.2). A naval dockyaxd was soon establiehed in this restricted

area at Point Frderick, just across the bay from the ccmanding height

of Point Henry. Land wae al80 reserved for a Gaventment Mill at nearby

fa l l s ai the Cataraqui River (Mika and Mika 1987, 20, 74; 1989, 14, 19;

Osborne 1975, 160; Osborne and Suaineon 1988, 47; Suctees 1994, 103). ,

Land on the west side of the river muth wae chcasen for 'King's

Tonil (Kingston) because of the existence of cleareâ land ne- the niins

of Fort Fzontenac. While initial settlement was awommûated in this

einall cîearing, surveyors also set aside sevexai Reseves throughout the

torii site for public, gcmsnment and militasy picpoeee (lig. 2.3) space

\- fi-. . ,- ..- -. Y . -

- 3 . - - . . .- ..+r - + ,

-

Fig. 2 . 2 . The Plan of t h e Town of Kingston showlng the M i l i t a r y Reservations, October 21 , 1815 (Ridout 18 l 5 b )

- - - - - - - - - - --

F i g . 2.3 . Plan of the Town of Kingston showing the Military Reservations, October 1 2 , 1815 idou out 1815a)

29

vas also reserved in the gore betveen the tvo grids of the tawn for a

ch& and market place. ûther epaces we raserved for a 8choolr

court house, jai l , Indian storer and quarters foi the

Camanding Officer. Laad at the vest and of mrack Street was set aside

fox a hospi ta1 and Garrisan Garden, vhile land adjacent to the Fort vas

sesemecl for garrisai use. Space rsas also reserved for harbau defences

in front of the market place and at Missiasauga Point (Mika and Mfka

1989, 19; Osborne and Swainson 1988, 17-18).

In 1787, Guvemr Dorchester made arangementa for the purChase of

'Indian' land at the western end of Iake ûntario, near the mouth of the

Humber R i m . The final cession of the l T b ~ t o Purchésep encanpaseed

250,880 acres, that extended fourteen miles eastvard from Etobicoke

Creek, and twenty-eight miles inland tram the shores of Lake ûntario and

Toronto Bay. In 1788, Dorchester had Gother Mann ptepare a survey of the

Purchase and a possible tomsite. FBnn's spmmtrical town plot, vith its

squares for g w e m n m t and public use, me to be eituated near the

entrance to 'Torent0 HarbouI', beyond ground that was reserved almg the

north ehore of the bay ( F i g . 2.4). Ths reservation of this land may have

been related to the possible usefulness of the =serve arounü the old

French fort (Arthur 1986, 6-7) , or to Royal Inetnrtions which requfred

the survey of landing places and harbaurs for the purpose of erecting

fortifications (Labaree 1935, 441). EQMws proposal for the actual tom 8

plot would never be realized, but the reservation of the north shore of

the harbour vouîd becorne part of tha official plan of the future 'York

Harbour'. Rie significance of this Re8er~e dl1 be discueeed in ange

detail in the following chapter.

Fig. 2.4. Gother Mann's Plan of 'Torento Harbour' Note the reserved ground on the n o r t h

1 shore of the Harbour

31

Niagara, British offidals had to consider new defensive

to compensate for the border al- the Niagara River and the

tansfar of Fort Niagara to the Anericans. They also had to

effect the orderly settlenent of fayalist refugees and deambilized

troops on additional IIndian1 land that had been purchased on the west

side of the Niagara River in 1781. To achfeve these objectives,

authorities began to organize this guvemmnt land by reserving a strip

of land along the whole shoeeline of the Niagant River for military

purposes and for the protection of tk new portage a r m d Niagara

Falls. They also set aside a l 1 the land north of the m e West Line (now

the East & West Line) as a Military R e m for fortifications

(Fig. 2.5). This angered sewal farmers who wanted to retain their

land, wen though their very presence an this land over the previous

swenteen years had been at the pleasure of the &mander-in-Chief and

the Connander of Fort Niagara (BeM 1989, 303; Rughes 1994, 2, 13-4,

219-21; Ornisby 1991, 18, 20-1, 27-8; Surtees 1994, 97).

In 1788, Dorchester ordered a township survey of the northern part

of the 'Niagara Purchasel based on a mode1 township uith a water

frontage. He also ordered the establishment of a torii for administrative

purposeS. Houever, probleme eoon arose ovec the location of the proposeà

tom. Several settlers wanted the taun located at the mouth of the

Niagara R i v e r , thereby placing it in the Military Reserve. The ,

authorities, on the otkr hand, wanted the tom farther south beyond the

guns of Fort Niagara. The refusal of some settlers to relinqufsh their

land for other pro- t o m sites mly cunpamded the pzoblem.

Cawequently, no t o m was established in the n w tainship until 1794 - two years aftes Lieuteinant-Governor Simcœ arrived at 'West Niagara' to

Figo 2 . 5 . Niagara Township in the Late Eighteenth Century (Based on Turner 1994)

33

assise hia duties (Isin 1989, 18; Mika and Mika w i t h Butler and O m b y

1990, 5; H u ~ ~ s 1994, 233-4; Onisby 1991, 24-7, 35).

While British officials vere kisy organizing tk land at Kingston

and Niagara, Gother Mann was advising the removal of ~ontr6al's obsolete

ualls so that salvageable naterial muld be sold, and renaining fil1

wed to inprove the land for new streets, squares and public

buildings. Mann also proposed the levelling of 'Citadel Hillg, a t the

east end of tm, to p d d e space for barracks, or the extension of Rue

Notre Dame to the suburbe. While Dorchester apprwed the remval of the

walls in 1793, the actual dexnolition pmceeded slwly so that British

officials could determine title to the affected properties to forestall

any strife or litigation arising frm reposession (Atherton 1914, 2:

636-7; Jenkins 1966, 231).

Major changes were imposed on the Province of Québec by the

Constitutional A c t of 1791. Through the division of Québec alcmg the

Ottawa River, Britain established English law and freehold tenure for

English settlers in Upper Canada, while retaining French civil law and

phasing out seigneurial tenure in bwer Canada. The Act also extended

the concept of reserves by requiring that one seventh of al1 lands

granted in each township be set apart in mintain the Clergy. By a

eubeequent dispatch, Dorchester was ordered to reserve an equal amount

of land for the C m . Revenue frm the disposition of t u s land, by #

sale or otherYise, -8 to pravide the Govemr and Drecutive Councils of

U p p r and fiower Canada vith a source of revenue that vas free fmm the

control of the Legislath Assemhlies. NO specific directives vere

issued on the location of these reemes. -, the m i a l

Govarnment preferred their dispersal throughmt eadi township eo that

34

they vould increaee in value with inprcnieaents to adjoining lands. In

1792, 200 acre Cmwi Resemes vexe systematically distributed thmughout

each township in Upper Canada. The pattern of tkse reserves contrasteà

with the large blocks of land that had been set aside at Kingston and

Niagara for military purposes. Neverthelese, the existence of unimproveâ

Cl- and Croni Re~eievesr aîong vith restricted Hilitary Reserves,

established barriers to the settlswnt of urban and m a l areas in üpper

and muer Canada for many decades (Craig 1972, 24r 34-5, 50; Gates 1968,

24, 27, 60; Macdonald 1939, 74-5).

muher

Crm Reserves in Canada reflect a concept of land ownership in

which a mnatch (the Crown), or a government acting on behalf of the

C r m , exmises supreme power over the kingdamvs land. The principle of

sovereignty inherent in this concept was impressed on the Canadian

landsape by the impositiai of the land tenue eystona of France and

England by virtue of <Discoveryt and then by the Right of Conquest.

Mdence of Louis XIVvs supreme right over the land cm. be seen in the

expropziation of land in the t om of Québec for improvenents t o

fortifications to meet the inmediate defensive neeàs of the colony. Even

the conetnrtion of Louisbourg, which proceeded in a more orderly

faashion, required the impositiai of Renaissance-style fortifications on I

an existing fishing village.

Ihe British C m , by contraet, vas able to establish resezves in

a mre orderly fashion when it fomded Halifax. This is seen in th

resenmtion of the Bhoreline for goverrmrent pirp#iee, the existence of a

Grand Parade for military and pubïic purposes, and the presence of

35

restricted military areas aramd tk hlocJbuse8 and paiisade that

originally protected the tain. Neverthekas, the tmnsfonnation of thia

settlement into an Iiipetial navaî statian a l m imrolved the

expropriation of private property and the r-mation of more land for

military thmughait the tom, the 8uburbs, and the surmunding

paninsuia.

With the Conquest of New France and the issuance of the Royal

Proclamation of 1763, Britain aseerteâ ite savereignty, and eetablished

the boundaries of the Prwince of QU&. With the reservation of

'Indiant land and the establishment of the Cronifs exclueive right to

purchase this land, Britain instituted pmcedurea for the alienation of

traditional Aboriginal lands. !%ch procedures would not ai ly pravide the

Crown with new land to use or redistri bute, but they WOU also ~ l a y an

essential role in the settlement of tha political territory nov known as

Ontario. The systematic reservation of land in central Canada was

effe~ted through sub8equent Royal Instnrtions to the Governor of

Québec. By these directives, officiais wefe required to set aside land

for fortifications, batracks, and otkr milita- and naval

purpoees. Wwdlands were also to be set aside ioz naval thber and

firewood for garrisons. Other spacee vere reeerved for religious and

educational purposes.

British ,officiais appsoached the appropriation of progerty and the

danolition of buildings in French toms for the constructiai of new

defences with geater cautian because they did net want to alienate the

population. Hovever, officiais were forced to puIchase, leaee, or

expropriate land with ccoiyensatica unles8 reservee for fortificaticiis

vexe apecified in the original caneessiorm. This led to lar~e

36

expenditws of the and wney for title searches and the acquisition of

land wfiich had to be considered in the construction eosts of new

mil i taq works. S i m i l a costs ware incurred in the r e p ~ ~ l of Montréai s

Wls, as British autharities undertook title searches so that no

dissension or litigation woUd result fmm the restitution of private

PropertY

~oïïowing the Amarican Remlution, British officiais uere forced

to inpletnent directives in the Royal Proclamation of 1763 and absequent

Royal Instructions to effect orderly settlament on ceded 'Indianf land

to the west of the Ottawa River. Based on these directives, reserves for

military, gweninient, and public purposes were set aeide at Kingston and

in the Niagara Tomship. In the latter, opposition to the pmpoeed

location of the new town not only delayed the establishnmt of the

Township 's aùministrative centre, but it also jeopardized the tactical

use of the extensive Military Reserve.

[mder the Constitutional Art of 1791 and a subsequent dispatch,

the Crom established Resemes that wouîd provide the Executive Banch

of the newly constituted goveniments of Upper and Uwer Canada vith an

independent source of revenue to be realized fmn the disposition of

tus land. Following the

additional C m Reserves

each township concession D

Reserves for military and

apprwal of the Imperia1 Goveniment, these

were systematically distributeà throughout

in Upper Canada in 200 acre lots. While

naval use, and timber supplies were still

required by the Crown, Lieutenant-Governos SimcDe eought assurances that

the Crorn Rea-8 i n ü p p Canada wouîd be used for the benefit of the

new province. Neviertheless, the establielaient of Crom Rem-

generally hindered the expansion and eoondc development of tonis and

37

townships in central Canada as long as the rinperial Gaverimaent held onto

this land for revenue purposes or for defence.

~ ~ ~ ~ ~ ' I P W O œ ~ r n93-18x

l h i s chapter vil1 begin by examining the reasais for the

establishment of Cr- Reserves a t York, Upper Canada in 1793. It d l 1

then trace the development of these Reserves, until York was

incorporatecl as the City of Toronto in 1834, in order ta find out how

manufacturers obtained land in these gaverriment-controlled Reserves. Did

the Imperia1 Government encourage manufacturing in th Reserves by

leasing this land, or did the Government alienate this land so that the

private eector could facilitate induetrial developumt? If the

Goverment followed the latter course, how did it go about releasing

land in the Crown Resesves for productive use?

Settlenent in Upper Canada was subordinate to Britain's defensive

objectives of naintaining coaiininica tions and blocking an American

invasion along the St. Lawrence River, Lake Ontario, and the Niagara

Frontier. Strategic posts and rapids protecteü the St. Lawrence River

a l e a Provincial Marine defended Lake Ontario. Mouever, the British

depnded on remoteness to protect the western flank of U p p r Canada frm

attack. With the escalation o f tensions between the British and

Anericans around the Great Lakes in 179% 1793, Lieutenant-Governos

S i n m e abandoned his settlement schem of stategically situated

administrative centres and military poats. S i m c œ decided instead to

establish a new militazy pst, naval arZIBMl8 and temprary capital away

from the increaeingly wlnerable lbwn of mvark (Niagara-on-the-~al<e) on

the ~iagara Feninsula. Oonsequently, SimeDa turned to I b z ~ n t o Bay, vhich

afforded a large, defensible harbout and aaeese to Oeorgian Bay via the

39

Toronto Carrying Place along the Humber River,

P r w i n c e by p l m e d military roads. In 1792,

Boucirette t o sound and map Toronto Bay vhile

and to the rest of the

Sinume ordered Joseph

Alexander Aitken and

Augustus Jones completed a survey of the adjacent land (Eenn 1989, 303,

309; Baudiette 1792; Gentilcore and WDcd 1975, 32-3; kgislative

Asseaüy of ûntario 1920, 51; Macdonald 1939, 56; çpelt 1973, 34; Wày

1936/37, 278-80)

ühder Aitken's agproved plan (Fig. 3.1) , a new Base Line was

eetablished near the north shore of Toronto Bay al- Iiot Street (later

Qwen Street). Road allowances separated the concessions north of this

Line a t 1 1/4 mile (2 kilometre) intemals, kit al1 land lying saith of

the Base Line, tram HMiber Bay to the original chamel of the Don River,

was reserved by and for the C m . Rudinientau defences were hastily

erected in this Reserve at the entrance to the Bay by the Queen's

Rangers. Space was also allocatad for Govenwent buildings a t the

eastern end of the Reserve. With the establishment of a small, ten block

tom plot on the southern eüge of this Reseme, betueen tk ptesent

George, Adelaide, Berkeley, and Front Streets, the British Crown

asserted its wntrol mer the locatian of settlement, the use of land,

and the direction of urban expansion

Government needs. A second Reserve was also

of the Don River, in the sauthm half of D

in Concession 1, between today s Queen and

in relation to rnilitary and

set aside an the west bank

Park Lots 1 and 2, and Ut 16

Blwr Streets (see Fig. 3.4).

This 'Park' Resenre was set aside for supplies of timber for the

pro- naval dockyard at t k eastern end of th Bay and for the

0~18truction of provincial fortificatiam (Aitken 1793?; Benn 1993,

26-8, 33-4; Cmikshank 1923, 2: 52, 56, 313; Kerr and Spelt 1965, 59;

I~ig. 3.1-. Plan of York Harbour (~itken 1793?) Note reserved space on the north* shore of the Harbour

41

Metmpolitan Toronto Land Registry Office [kreafter L. R. O. 1, Plan

108; Mhistry of Natural Resaurces 1976).

Settlemnt increased in the Tom of York after the retuni of Fort

Niagara to the Americans in 1796 and the subsequent transfer of the

capital of Upper Canada trm Newark (~iagara-an-the-Lake). Over the next

three and a half decades, urban growth, war, and changes to Britaints

land policy affecteà the extent and usage of Yorkls C m Resewes. The

alienation and division of the Resenre south of the Base Line (Lot/Queen

Street) began in 1797 when David Shanlc received a Patent for two, -11

tracts of land on Humber Bay and Administrator Peter Russell, who

tempararily assumed Sinroels duties, authorized the extension of the

Town Limits northwards to the Base Line, and westward to the present

York Street, to provide space for settîenent and public buildings

(Fig. 3.2). After deciding against the expansion of York into the

eastern section of the Reserve around the marshy outlet of the Don,

Russell endors4 another westward extension of the t o m around 1799 to

today ' s Peter Street-Blue Jays Way ( Fig . 3.3) . Beyond this boundary lay

the 1,000 yard firing range of the garrison, which was kept clear of al1

obstnrtions that d g h t provide cover for an approaching enemy

(Gentilcore and Head 1984, 251).

This reaiaining western section of the original Reserve along the

now referred to as the lGarriscml Reserve, was further reduced in

and 1810 when 32 acres of land in the north-east m e r was gmted

to the Lieutenant-Governorls Secretary and the Attorney General. This

moved the eastern limit of the %arrisont Reserve to the 1,000 yard arc

of the firing mye. The western boundary of the 'Garrisonv Reserve vas

also ahifted eastward fran Shank's property to LWferin Street after

. '+A

p i g e 3.2. ~ h e ~ i r s t Extension of York, 1797 (Gentilcore and Head 1984)

Big. 3.3 . *The Second Bxtension o f Yozk, 17991 (~entilcore and Head 1984)

43

James Brock, cousin of Sir Isaac Brock, received a Patent for 240 acres

of land in the %arrisonl Reserve (F ig . 3.4). By 1812, the original

Crown Reseme lying south of the Base Line had been reduced for urban

and private use and divided into the 'Garrisonl Reserve west of t o m and

a %overnment@ Reserve east of t o m (Benn 1989, 316; Cruikshank 1932, 2:

38; Fleming 1853; Gentilcore and Head 1984, 249-250; Index to Land

Patents, MS1-Reel 5: 83-4, 88).

Early economic growth in York was strongly dependent on demands

frm the Garrison and the Goverment. Manufacturing, on the other hand,

was not only discouraged by Britain's mercantile system, but it was also

hampered by the lack of water power sites and suff ic ient supplies of

vater within the tom. The latter problem vas exacerbated by the

extensive Crown R ~ s ~ N ~ s which cut off access to water in the lower Don

River, Taddle Creek (Fig. 3.5), Garrison Creek, and parts of the

harbour . In 1795 both Governor Dorchester and Lieutenant-Governor

Si- indicated that Crown Reserves could be made productive by leasing

unessential sections to raise money for public service, civil

i m p r ~ v m ~ t s ~ or other Government and military needs. The Impria l

Government permitted the leasing of Crown Reserves in 1801, but few

leases were taken up due to the high rents and settiers' preference to

irnprove their o m property instead of t h e Crownts ((Macdonald 1939,

228-9).

Nevertheless, there is evidence that a f e w manufacturers took up

land in the remaining Crown Reserves on the eastern and western

periphery of York between 1801 and 1834. Williamsr map shows a

9nerchants shipyardm and "brickyard" in the southern part of the

9Guvemmentt Resem east of York, around 1813. B o ~ y c a s t l e (1833~)

45

indicates that five licences of occupatian vere iseued for land in the

more strategic 'Garrisml Reserve west of York. Of the five licences

that were issued for various puposes, the mst important ias the one

issued to John E'arr, vho was allowed t o establish a brewery on the vest

bank of Garrieon Creek, just inside the northern limit of the Reserve at

Lot (~ueen) Street, around 1820 (Firth 1966, 43). It vas this brewery

that formed the nucleus of future industrial develop~t in the

Queen-Spadina-Dufferin area.

'mB ' ~ @

The next major change to the remaining Reserve Land in York

0ccu~'red to the Resenres on the uest bank of tbe DOA River. However,

these changes were precipitated by events that took place in the

Garrison Reserve, to the vest of York. ûn April 27, 1813, Awrican

troaps captured York and occupied the town for six days. After their

departure on lhy 2, 1813, the Royal Engineers built Fort York, now a

national historie site, on a knoll on the west side of Garrison

Creek. Two peripheral blockhouses were al80 built, almg with a mal1

militaxy hospital in the Garrison Creek ravine, juet north-t of the

Fort . A t this tirne, the Loyal and Patriotic Society of York took up a

subscription to provide additional care for cawialties in temporary

hosgjitals in York. With the recall of the armyls medi~l staff at the

end of hostilities, the citizens of York began to press the Gawnment

for a proper hospital in the town (Benn 1993, 51, 62, 69, 74-75, 106;

C l a r k e 1913, 14, 17; Cosbie 1975, 5). In 1818, the ESaecutive Council of

üpper Canada (Minutes, June 9, 1818) ordered 399 acres of land in York

to be set apart as an endowment for a new hoapital. Among this land was

46

the 'Parkt Reseme, that had been set aside for supplies of tinber (see

Fig . 3.4), and the %ove~nment Rêsêmr east of tom. This land vas

generally described as:

"lots of land on each side of the road from the

Town of York to the D m Bridgew (Minutes of the

Executive Council of Upper Canada, Cktober 15, 1819)

and more specifically delineated in the subsequent Patent as the:

'%outh 50 chains of Park Lots 1 6 2 k i n g Com'g at

S. E. angle of Park Lot 3 Then N. 16 deg. W. 50 ch.

more or less to centre of Con. 1 or lands granted

to Francis G. S k o e Then N. 74 deg . E., 37 ch. more

or I ~ S S to River Don Then S. foliowing water9s edge

t o first outlet of River Don Then S. W. along sd.

outlet to the top of the bank tc the intersection

of a l i n e produced on a course S. 16 deg. E., from t h e

S. E. anjle of Park Lot 3 Then N. 16 deg. W., 31 ch.

to the pt . of ccmce'mtw (Abstract Index, 265: Plan 108)

This landr cornprising 380 acres, bounded on the south and east by

the Don River, then west to Parliament Street and north to E h (Carlton)

was:

"Granted in T n i s t to The Honourable William Dumer

EQwell, Chief Justice, The Honourable James Baby ,

and The Honourable and Reverend Doctor Strachan, to

sell, lease or otherwise dispose of the same towards

47

raising a revenue for the supprt of the TLnm and

Comty Hospital in the Tcmi of YorkN (Minutes of the

Ewnitive C a n c i l of üpper Canada, ûctober 15, 1819)

Proceeds fran the sale of this land at piblic auction were to be paid to

the person mnstituted as Treasurer, v d e d under the sanction of the

Governor, and accounted for anmially to the Ewcutive Council of the

Province. W i t h these directives, th Gcnremment released the Crown

Reserve Land east of York for public service through the sale or leasing

of this land for private development.

Around this time, the Loyal and Patriotic Society decided to

finance the construction of a general hospital in York cm the condition

that the Govenmient supply the land for its construction and

maintenance. Given the s m natute of tk southern part of the 'Park1,

the Ebspital T r u s t e e s decided to build this hoepital in the more

salubrious west end of tom, in the southeast corner of a block of

Ebdowent Land bunded by to-dayls King Street West, John, Adelaide and

Pater Streets. Several years pas& before patients vexe admitted to the

General Hospital of Yoxk (later the Toronto General Hospital and now the

Toronto Hospital, General ~ivision) due to the Gwenmientts

appropriation of the building for a Legislature in 1824, following a

fire that destroyed the ïegislative Building at t k foot of Parliament #

Street. As a result of this action, tkre vas no pressing need to

dis- of any Hoepital Endowment Iand in the 'Park' until the

G m m m e n t vacateâ the prendses in 1829 (Clarke 1913, 23, 35-38; mbie

1975, 7, 11-12).

The ffrst sale of Endowment Land in the 'Park' Reserve occurred m

I

I

I

I

L 'A b

Fig. 3.5. LAND OWNERSHIP AND SELECTED INDUSTRIES IN TNE 'PARKt . FROM THE DON R I V E R TO SOUTH PARK STREET, 1831.I.

..*... ....... Trustees of the Toronto Hospital Private Ptopetty

Industry on Private Property 1-Gooderham & Worts

2-Enoch Turner's Brewery _i

49

September 30, 1830 (Jainials of the Iiegislative Assenbly of t k Pmvince

of Canada 1847, Appendix II) following the of f i c ia l survey of streets

and lots authorized ly Lieutenant-Govemr Colborne (Cheuett 1830).

Evidmce of the d e v e l o p m t of a s ~ l l , industrial concentration around

the outlets of the Don River and Taddle Creek can be found in this

survey and in the Schedule of Land Sales by the Trustees of the Tbronto

General Hospital. Chewett's survey shows two 'oldt brickyards near the

western end of today's M i l l Street as well a13 a larger one at the

eastern end of the street on the banks of the Don. Enoch Tuner's

acquisition of land for a brewery near the muth of Taddle Creek (near

the south-east corner of to-day's Parliament and Front Streets) , between

1831 and 1838, can be t aced through this Schedule. The establishment of

Gooderham 6 Wortsl d l l i n g and future d i s t i l l e r y opeations can also be

traced through the Sdiedule to the tansfer and deeding of Lot 6? in the

southwest corner of to-dayls Mill and h i n i t y Streets, to W i l l i a m

Gooderham in 1834 (Fig. 3.5). Rie York Coumercial Directory (Walton

1833/34) corroborates the existence of these nanufacturing

establishments and also refers to Dr. Robinson% Steam Sawmills ne-

Gocderham & Wortst windmill (Emch ninier SdKiolhaise (1848) ;

Shuttleworth i929 r 14).

' h I B ~ w w - c r # n r r r

Defensive objectives and changes in Rritainls land policy had a

major impact on the use of the western Garriscn Reserve between 1793 and

1834. Around 1823, the Imperia1 Goveniment began to consider new ways of

generating nuch needed rwenw fmm its Cmwn R e m s in Canada.

Suggestions were made about selling t k Reserves to pminote industry, or

50

finance public inprwements and defence. lkmver, it uas not until 1826

that the -rial Goverment sancticmed the sale of a l 1 Qumi Lands,

including Qom Reserves, by public auction a t an upset price detedned

by the Lieutenant-Govenror. In the same yêmr military authorities

recanaiended the replaceaient of Fort York in order to support any

operations on tk Niagara Fraitier and d e i d roimamicatians along the

Toronto Carrying Place along the ?Tumber River. Initial proposais called

for substantial new fortif ications at the muth of Garrison Creek.

Bwwer, with the westwazd sh i f t of the sandy peninsula that fonned

Toranto Bay, Lieutenant4uvernor Colborne proposed building a more

modest fort on the shore of the Garrison Reseme about one kilatetre

west of Fort York (Bem 1993, 80, 107-9, 111, 113; Bonnycastle 183313;

Craig 1972 , 134-5; Gates 1968, 169, 172; Macdonald 1939 3 18) r

Colborne also suggested selling the 240 acre eastern section of

the GarIison Reserve, or 'Military Reseme, situated between Garrison

Creek (now Walnut Avenue) and the eastern arc of the f iring range a t

Peter Street to finance the construction of this new fort. Such a sale

wuld also finance new roads, provide jobs for imigrants, and

f a c i l i t a t e the expanaion of York. On April 29, 18338 the Ordnance Board

in Britain, aâvised the Colonial Office that it had no objections to the

sale of the Military Reserve a t York as long as the cleareà, lrOOO yard

firing range was maintained arornd t new fort. By Wy 22, 8

authorization had been given by the Colonial Secretary for the

alienatian of the Militaxy Reserve to @vate persais (Ganton 1975, 18).

The first succesaful pubïic auctian of th is land (F ig . 3.6)

occurxed on b b w m k r 25, after eighteen, one acre lots, fmnting on the

Bay and cm Cot (~ueen) Street vere suneyeti (~ppe? Canada Gazette

~ i g . 3.6. A Proposed pian for the Mil i tary Reeerve Showing the First S a l e of E i g h t e e n Lots, 1833 (Gentilcore and Mead 1904)

(Pig. 3.7. The Third Exten~ion of York* Shouinp the Official Plan of eh8 Military Reeerve, 1837 (Gentilcore and Head 1984)

52

Oct. 31, 1833). huther sales of this Remme fiand did

late 1834 and 1836 to give the government the t o mwey

area and develop an official plan (~ig. 3.7). such

not occur until

the rest of the

a plan had to

incorporate existing cweteries, provide space for pro- government

and public f ac i l i t i e s , and nake allowances for roads. The plan also had

to establish a new boundary for the remaining militdry land (the

'Orchance' ~eserve) that would accomdate t k 1,000 yard f k i n g range

around the proposad new fort, and mintain enough space around Fort York

and the outlying military hosyital in the Garrison Creek ravine.

There is evidence that propoaals for the diversion of water f r o m

the IFumber River, a t eston or at nindas Street, through canals and

aqueducts to the northern part of the tom, or t o Q n i s o n Creek, for

the developnent of mil ls , mactiinery, and a dry dock, had been submitted

to the goverment, pmminent tomsfolk, and to the public around this

time (Journal of the Conmcm Cauncil of the City of Toronto 1834, 415;

Rie Courier of Upper Canada, May 19, 1832). Ganton (1975, 8, 19, 21-25,

27) indicates that the goverment caisidered several plans for the

western boundary of this new urban area that gave several l o t s on

Garrison Creek access to the water (Colonial Office Records [hereafter

Cû42], 418: 87; 431: 319). Houever, the fact that only two or three lots

on Garrison Creek eventually did enjoy access to water in the creek

suggests that the maintenance of the restricted firing range around the

XEW fort, thé I l a t ~ m l barria of t k vide a ~ h e , and the S~pply of

wates to Fort York, m e of greater inportance to the government than

industrial devalopnent a l m g Garrison Creek (Gentilcore and Head 1984,

255). -lessr vith th Imperia1 Oaverriment 'S decision to alienate

the Military R e s e r v e to raise revenue for a new fort, Piore land bec-

a ~ i l a b l e in York for private deve lomt and urban expansion.

53 - The nom shore of To~onto Bay vas stamped with the s m e i g n

power o f the British Crown following t k Coripuest of New France in 1760,

and the issuance of the Royal Proclamation in 1763. thder the

Proclamation, the Cmni not mly established ccntrol aver its new

territory, but it also instituted procedures for the alienation of

reserved l Indian Tkrritoryl to the Croni. With the purChase of 250.880

acres of vindian' Land around Toronto Ray and the Illimber River in 1787,

the Crown was free t o organize and use its new land as it saw fit. Uhder

Aitkm's approved plan of York Harbo~f, a -11 ten block tom site,

that was dwoid of public space, was established an the southeni edge of

an extensive Crown Reserve that was set aside on the ~ r t h shore of

Toronto Bay for possible military , naval and gavenmient use. Through tb

speci fication of this Resewe in the o f f i c i a l plan of the concessions,

the Crown not only established complete control wer land use and urban

-ion within the Reserve, but it al- elininated costly

expropriations for military works. By resesving more land on the West

bank of the Don River, the Crown also retained control aver a valuable

and cornrenient supply of timber for naval and military purposes.

Manufacturing played a relatively saiall role in the early econdc

developnent of York hie, in part, to British mercantilism which fostered

the importation of manufactured goods frm Britain. While the demands of 4

settlers and bureaucrate supported a watchuaker, brewer, diaimaker,

sogp and candle maker, tanner and several clothiers, the la& of

water-power sites and adequate supplies of water hindered fusther

industrial deveîomt vithin the town. mese prob1emdi riere causeà by

fluctuating uater levers in th handful of streama that cmssed the

54

fairly level torii site, and by the creatiai of th Crown Rems , which

prevented access to the meandering loue!! reaches of the Don R i v e r and

the mouth of Taddle Creek, as well as to Garrisai Creek, with its

twenty-fou foot drop between Iat (Queen) Street and the entrante to the

harbour (~onnycastle 1833c; Careles8 1984, 24-5, 46, 48-9; Spelt 1973,

129).

The utilization of the Crown Reserves for private develomt was

not possible until the Imperia1 Goverment sanctioned lhited access to

the Reserves in 1801. It was through such access that John Far? was able

t o m a t e a brewery on the west side of Garrison Creek, and a shipyard

and brickyard were established in the Goverment Rieserve east of

tom. New epace for productiver and other, uses w s created in York by

the Orecutive Council of üpper Canada when it set aside the Reserves on

the Don River as an endowment for a public hospital. With the

enpowernient of gweniment-appointed Tnietees to sel1 or lease this Land,

the eastern edge of tom mon witnessed the establishment of a ta11

winàmill and a brewery on private property near the mouths of the Don

River and Taddle Creek.

The Imperia1 Govenmient's decision to allow the sale of a l1 Crown

Land and Croun Resesves in 1826, had a major impact un t k developmnt

of York in the early 1830%. As a rêmltt more space becam available

for urban expansion and private d a v a l o p n t after the Imperia1 ,

Goverinnent sanctioned the sale of the Military =serve to help finance

the constsuction of a new fort in the remaining part of the Garrison

Resenre (now referred to as the Ordnance R e m ) . Howevexr the

establishment of the boundary between this nev urban area, and the

remaining Ordnance R e m , seriously comprdsed the pmposed

55

deveiopment of vater-powered dlls m Garrieon Creek because met of the

new lots along the creek vere denied aceess to its vater. Nevertheless,

with the alienation of the 'Park1 and Gaverment Reserves on the east

side of town, and the Military Reserve on the west s i d e of town, an

additional six hundred and twenty acres of land w s released by the

C r c m for urban expansion and new uses.

This chapter vil1 -ne hou selected manufacturers obtained land

in the Ordnance Re8-t the lPa.rkî, and the former Military R e m

frun the time of the incorporation of the City of Tbronto in 1834, to

the t b of the formation of the Dominiai of Canada in 1867. During this

period, important political, e c o n d c , and administrative changes

inf luenced industrial developnent in tkse govemment-controlled and

recently alienated areas within the city.

Acts of rebellion and threats of invasion forced mitain to

increase its military presence in Toronto during this perid to maintain

order and protect the wlnerable western flank of its North &nericm

territory . However, the diwantling of preferential trade by Britain in

1846 forced Canadians to develop their oni manufacturing sector that

supplied a growing damestic market for producer gooda. The rapid

expansion of manufacturing in Toronto w s supported by extensive railway

construction in the early 18501s, uhich provided year round

tansprtation that integrated new markets and encouraged the metal

tradee. With the collapse of the railvay baam in 1857, cane increasing

demands for protection and polit ical unim

19-22) + #

Important administrative changes aîso

control of the m a i n h g military land in

this time. These changes began with the

affecteci the utilization and

t k Oràmnce Reserve during

incorporation of Toronto,

continu& uîth the union of üppr and farnar Canada into the Province of

Canada in 1041, and ended with the union of Canada, NOM Scotia and New

57

Brunswick into a new federal guvernment. ~ ~ v w e r , continuing -rial

ccntrol aver the Ordnance Reserve led to conflict between dlitary and

municipal authorities aver a-es to this restricted area. The

reeolution of U s conflict dusing this period laid the foinidation for

future municipal , provincial, and private involvenent in the developmnt

of this large e%panse of government land an th western edge of the city

for industrial, and other, purposea.

As York's population grew t o over 9,000 in the early 1830tsr it

bec- clear that an elected council should replace appointed

magistrates so that highet taxes couid be legaîly assessed to finance

essential services and better protection for private propetty. On March

6, 1834, assent was given to an Act (üpper Canada, Lam, Statutes, 4

WILLIAM IV, chap. 23) to extend and incorporate the Torii of York as the

City of Toranto. 'Tani Propertyl within the City vas bounded by

Parliament and Bathurst Streets in tk east and west, and a line 400

feet north of the Base Line (Queen Street). Beyond this l l b ~ Propertyl,

with its five n r d s , lay the Liberties, dich stretched to the City

Lfmits at Dufferin Street, to-dayls Bloor Street, and to the Don River

and EhcLean Avenue ( ~ i g . 4.1). The establishment of tkse new boudaries

also set the stage for future conflict uwr the 10rdnance' Resenre, the

semainhg Garrison Reseme land lying to tk west of Garrison Creek and

Bathurst Street, which now lay within the Liberties of the City of I

Toronto.

Land Vithin the Liberties of Tomnt0 wae considered 'Cormty

P r w r t y 1 for assesanent purpoaes, but City Council had the puer to

attach this land to adjacent waxds once a certain level of assessed

pzoperty vas reacheû. The Act of Incorporatiai also empoyered City

4

Fig. 4 . 1 . L i m i t s of the City of Toronto, 1834-1859, Showing the Approximate Location of the 'Ordnancel and ' Park ' Reservea ( ~ a s e Map: Lemon and Simmona 1977, 5 1 )

59

Council to alter or extend streets in t h City and Liberties upon

application to the Provincial Legislature, and regulate any

manufacturing that caused or pranoted firee. Since nothing in the Act

applied to any m e t lands, property or goods that belonged to, or were

possessed or accupied by His mjesty, m e s s îeased to individuals,

access to the 628 acre Ordnance Resem remained the prerogative of the

-rial Crown (statutes of Upper Canada to T h of Union, 2 : 4 W I U I A M

IV, chap. 23).

Political discontent and deteriorating Anglo-Anierican relations

influenceci the development of Toronto's Ordnance Reseme between 1834

and 1867. mile milita- authorities had agreed on the need to build a

new fort in Toronto, they questioned the need to build permanent

defences to meet the cityls madest strategic role. H o u e v e r , after acts

of rebellion in 1837, and threats of invasion from the Uhited States,

military officials ordered the construction of new m e n barracks in

Fort York, and at Bathurst and Queen Streets, to house additional troops

that were sent to the city to maintain peace and order. Palisades were

also erected to provide mre protection for the fort's earthvorks and

inproved defaces. Additional palisading stretcheà mrthwards fran the

Fort, acroes Garrison Creek and into the property of the HonoUrable John

Dunn, situated on the sauthem edge of th forwr Military Reserve,

between Tecrmiseh, Niagara and Bathurst Streets. This palisading

protecteü outlying military stores in the Garnison Qeek ravine, as well

as a temporary militazy hospital on Dunnls lot, near tk corner of

Niagara and Tecimiseh Streets. Tk palisade also protecteâ DUMts

60

adjacent dwelling, which had apparently been rented by the military for

officers ' quartes (BeM 1993, 100-102, 106, 113; E i t i s h Military

Records [hereafter RG 8, Series], 305: 37-8; 445: 222; 446:

14). Work on the palisaded Stone barra- of the 'New F o r t 1 , which had

been financed by the sale of t h Military Reserve in 1833, and started

in 1840, was canpleted by the end of 1841 (CO42 400: 373).

Previous to these dwelopnents, Ordnance officers in Britain had

pressed for legislation that uould stop curporate bodies from

encroaching on the 1 ,OOO yard f iring range a r e d fortifications, and

allov Officers of th Ordnance Board to hold title to land that it

purchased or managecl for military pirposes. The granting of such

authority would pernit the Ordnance Board to s impli fy the process of

renting militaxy land, and enable it to sel1 unessential military land

a t public auction (042 446: 12; 473: 184). In 1836, the Asswbly of

Upper Canada passed a b i l l ( U ~ p e r Canada, Lavs, Statutes , 6 WïLLIAM IV,

chap. 3 ) prohibiting corpoatiais fmm entering His Wjestyls lands

vithout the licence and consent of Hie Majesty and the

* Lieutenant4cmmr. However, this same Assenbly aleo apprmd the

incorporation of the City of 'Ibronto & Lake Humn Rail Road Canpany (6

WILLIAM IV, chap. 5), *ch alloweâ the company to construct a a i l r o a d

over any land in the Home District that lay between Toronto and Lake

m o n . Follcving a p p m l of this railway developmt, the Assembly of ,

U p p r Canada reaffirwd the i l legal i ty of any corporation entering tlls

Majesty's lands, unless the licence and consent of the Governor and

Lieutenant-Governor was obtained (Statutes of Upper Canada to Time of

Iaiion, V o l . 1, 7 WïLLIM IV ( 1837) , cbap. 14) . manuhile , a report by R. He Bonnycastle, of the Royal Engheem, eupported a limited jrant of

61

military land at Toronto for actual rail lines and depots as lang as M

d s t i n g r or pmpoaeà, military or public rorks were ccilpmnised ( a 2

442: 24; 443: 238).

Mile the Ordnance Boaxd continu& to press for l eg i s la t im to

permit it to hold and convey rnilitary land, the Asseinbly of Upper Canada

passed 3 VICTORIA ( 1840) , chap . 16 (statutes of üpper Canada to T h e of

ünion Vol. 1) , wNch allowed Her mjesty to procure any piece of ground

for fortifications with proper ccnpensation, unlesa the caamnder of the

Forces certifieci need for the land. On December 9, 1843, two years after

üpper and mwer Canada united into the Province of Canada, the

Legislative Assenbly (Jounials [hereaftec J. L. A. P. C. 1) of this new

gaveniment repealed this Act and passeü 'Rie Ordnance Vesting A c t 1

(Statutes of the Province of Canada, 7 VICTORIA, cap. 11) which vested

the Military (Ordnance) Reserve and al1 other lands and 0th- real

property at or near Toronto, as well as at other enuneratet3 locations

(see Appendix l) , in the Principal Officers of Her Hajestylo Ordnance in

Britain, in Tnist for Her mjesty.

ünder 'The Ordnance Vesting Act ' , lands certifieci as neded by the

Commander of the Forces coud be ganted by Letters Patent to the

Principal Officers of tEer Wjestyls Ordnance, in Trust . However , lands

not needed for military detence wem to be eold or d i s p o s 4 of for the

public good through public campetition approved by the Governor and

Executive Council. Moreaver, tkie Act couid not restxain t b Parlianient

of the Province of Canada fran authorizing the construction of railroads

and canals over any lands reserveâ for military purposes by the

Gavernorr Lieutenant-Gwernor, or AMnistsator of ei ther late Province

(~pper or Lnwer Canada). While tkse Act8 vested control of Torontots

62

Ordnance Reserva in the Principal Officars of Her Majesty 'S Ordnance, in

T ~ s t , they al80 established guidelines for the alienatian of

unessential military land and the construction of railroads and canala

across lands reserved for military -S.

Toronto% Ordnance Resem remaineci a restricted zone between the

time of the cancellation of licences of occupation i n -ch of 1834

(Bonnycastle 1833a), and the passage of The Ordnance Vesting Act ' in

of 1843. However, there is evidence that two small parcels of

Orûnance Land were k i n g used during this time. ame es biffy was able to

lease 18 acres of land in the southwest wrner of the Reseme in January

of 1843, while John Farr continued to operate a brewery on the small

parcel of land that k had been allmed to use on the west side of

Garrison Creek since 1820. In 1854, Farr gained freehold tenure of this

brewery lot on the northeni perimeter of the Reserve with the issuance

of a Patent by the Crown (~ndex of Land Registry Records [hereafter L.

R. Re], GSS995).

The f irst alienation of Ordnance Reserve Land occurred in 1845,

when 50 acres of land on the south side of Queen, betvaen todayfs Massey

and Abel1 Streets , and a westerly production of Adelaide, vas granted to

the Province of Canada by the Master-General of the Ordnance Board for a

lunatic asylum. in the same year, City Council petitioned the Ordnance

Board for Reserve Land on wtiich it coud estabïish a public park. In #

1848, the Board of Ordwice offered the City a 999 year lease on 287

acres of Ordnance Land that, w i t h the exception of th Asylui and Farrfs

Brewery Ut, included al1 of tkie land betueen Queen St-t and a

waller, 300 yard wide restsicteà military zone that stretcliad alaig the

shoteline from Garrison Creek to Dufierin Street (Fig . 4.2). Wer the

64

subsepuent lease, the City was required to le~êlt landscape, and enclose

the land wfthin five years according to plans approved by the Ordnance

Board. nie lease also stipulated that Ordnance c o u d still use part of

the land for a parade ground, barracks, and cemetery, and also end the

lease with or without notice (Benn 1993 , 117; Fleming 1853; J m a l of

the Caranon Council of the City of Toronto [hereafter ~ournal], 1845, 80;

1848, 284).

Furthes alienation of Ordnance Land occurred in the 1850 Is to

facilitate the restnrturing of strategic responsibilities and the

construction of three railroads, which were considered essential for an

e c o n d c recovery that was based on the devela-t of manufacturinj and

the integration of expanding domestic markets. (Cumberland 1858, 6;

Kealey 1980, 8; Smith 1956, 36) . In 1849, both Provincial and Imperia1

Goveninients appraved the incorporation of the Toronto, Simcoe and Lake

Huron Cniion Rail-road (later the Ontario, Simcoe and Lake Huron Rail

Road and then the Ncrthern) for the purpose of building a railway

between Toronto and Lake Huron. While the Act of Yncorporation

(C. 1. H. M. 53938, 6 , 25, 27) allowed this canpany to enter the lands

of Her Majesty, and expropriate the property of other persons and

corporations, it also specified the amount of land to be used for rail

lines and depots. Hhile the City sugported the construction of this

railr~ad, it soon voiced strong objections when the Ordnance Board

terniinated the cityls park lease in 1851 so that the engine house and

depot of this railroad could be built on sane of this park land, and

Military Pensioners settled on the rest (Currie 1957, 261; Journal 1851,

907; 1852, 170 274)

Objections to rail development in the Ordnance Reseme were based

on Coullcills

Liberties, and

for purposes

65

right to regulate dangerous activities in t k City and

the inappropriateneas of alienating part of the Reserve

that w e m inconsistent w i t h the intent of the City's

hase. Caneequently, Council resolved that the only suitable place for

any engine house and depots in th City and Liberties vas "at or near

the Dan River1' (Journal 1852, 17). Opposition to the proposed settlement

of British Military Pensioners in the Reserve was based on conceni for

the depreciation of land values in surrounding neighbo~fhoads~ and the

belief that no part of the Reserve within the City L i m i t s should be sold

to individuals or corpoations without first king offered for sale to

the City so that it could carry out ilpravenents for the m z c i a l

roamunity and the public. Mile Council couîd not stop rail construction

in the Ordnance Resem, it did intimte that it muld not object t o the

settlemnt of Pensioners in the Ordnance Reserve if the City could

secure a large portion of tk Reserva cm f avouable tem. Consequently , City Council refused to amender its lease mtil it received aliiPst 100

acres of land in the easteni part of the Reserve to serve as a park for

Torontanians and a barrier against the Ilnuisance of Pensionerstl (Journal

1852, 274), who of ten required public assistance (nilloch 1850 , 2). The resolution of this conflict betveen the City and the military

began in 1055. At t h i s the, City Ccnancil ( J m a l , Minute 406) proposed

the transfer of al1 Ordnance Property in Canada East and West to the

Provincial Gavernment, after t k Ordnance Board failed to respond to the

City ls offer to financially canpensate one fi;undred Llitary Pensioners

for the two acres of Ordnance fcind to which each was entitled. This

proposa1 coincided uith discussions between ïmperial and Provincial

officiale regarding the tramfer of certain Ordnance Lands and Naval and

66

Military Reserves in the Province of Canada fram th principal Officers

of Her Egjestyls Ordnance in Britain to the Provincer to help defray new

PrQVfncial acpenditures for defence (State Minute Boom, W c h 16,

1855). Following reœipt of a ciraft b i l l fmm England, and

conaauiications fran the Colonial Secretary and t k Gaernor4eneral on

the subject, the Pruvince of Canada passed 18 VICllORIA, cap. 91

(Statutes of the Province of Canada 1855) in vhich it agreed to assume

mre respnsibi l i ty for the maintenance of peace and order, and accepted

the Croun's surrender of certain Ordnance Lands and Na-1 and Military

Reserves in the Province, subject to conditians outlined in the Act. The

Province also agreed to financially ampensate approximately five

hundred Military Pensioners a t Toronto? Niagara, and London in l ieu of

their land enti tlement . ühder 18 VICTORIA, cap. 91, the Crown stipulated that al1

Orùnance Land and Naval and Military Reserves in the Province of Canada

were to be divided into Class A Land - for continued occupation by

British troops, Class B Land - for the defence of the Province, and

Class C Land - for disposition by the üovernor-in-Comil. The Crown

also ordered this classification of military land to be detennined by

the Principal Officers of Her Majesty's Ordnance in Britain and the

Govenlo1:-in-Council in Canada, with advice from the Conmander of the

Canadian Forces regarding Class B W. Since the Crom was transferring ,

certain military lands to th Province of Canada to p h d e financiaï

support for the establiehnmt of a local militia, it vas important that

unessential, but valuabîe military land be sold quickly to defray tMse

new e%penditures. Coneequently, military officiala in Canada were

advised to keep strict limits on the amauit of Clam B Land raquired for

67

the defence of the Province. Based on this, the Royal Engineers proposed

that 140 acres of land a t Toronto be reserved for Class 8 Land, along

with the Old and New Forts, and the lands on which t k y stood (RG 8, 'CV

Series, 470: 147, 204-5, 228, 230).

New opportunities for developmnt in the Ordnance &serve emerged

uith the subsequent passage of the 'Ordnance Lands Tansfer A c t 1 in 1856

(Statutes of the Prwince of Canada, 19 VICTOR^, cap. 45). ünder this

Act, a l 1 strategic Class A Ordnance Land to be retained by Britain was

placed in the First Schedule of this Act and transferreà to the

Secretaq of State for Wàr in Rritain. Reinaining Class B and C OEdnance

Lands were placed in a Second Schedule, and tansferred to the Province

of Canada, in R u s t , af ter being fully re-vested in Har Majesty. ünder

the Second schedule (see Appendix 21, a p p d m t e l y 502 acres of land at

Toronto, as well as the Old and New Forts, Hospital, Barracks at Queen

and Bathurst, Camoiissariat Quarters, Stores, Guard house and Victotia

Square weze transferred to the Prwince. Na distinctiai was made in the

Secaicl Schedule between Class B and C Land, but under the previous

legislation of 1855, the Govermr-in-&uncil was empowered to lease or

use unessential sections of Class B Land for the benefit of the

Province, and sel1 or lease Class C ïand. Ehoney - t h e sale, lease or

other disposition of this Land

Manicipal Loans to support the nev I

As the transfer of certain

was to be irnrested in provincial or

Militia (RG 8, 'Cg Series, 470: 149).

Ordnance Lands and Naval and Military

R e s m s in the Province of Canada proceeded, the Pruvince appointed an

Ordnance Land Agent to be respccisible for the iamediate disposition of

the "nost saleable" (Ta; O, 'Cm mies, 470: 147) Ordnance Land a t

Toronto and fandon, as well as t k nianageaient and disposition of other

68

Ordnance Lands in the Province. In the subequent auctian of Ordnance

Land south of Parr's Brewery Lot in 1857, 8-1 lots in t h City's

fonner lease were deliberately purchased by the City to enable it to

ta& legal action to reclaim the Orànance Land that it had leaaed for a

park ( ~ i t y of Toronto C o u m i l Minutes [hereafter Minutes], 18581 162;

J. L. A. P. Ce 1857, Appendix 20; Tbe Globe, J a m i q 6, 29, 1857).

In 1858, City Council received an offer of secure title in fee

simple to 56 acres of Ordnance Land in exchange for the retuni of the

lease, and the abrogation of its earlier purchase of Ordnance Land south

of Farr's Lot. Lhider the Patent (Metroplitan Toronto Land Registry

Office [hereafter L. R. O. 1, Instment 6531D), a 22 1/2 acre,

wedge-shaped parcel of land araand Garrison Creek, and a 33 1/2 acre,

T-shaped tact of land, imnediately south of the Asylm, were comreyed

to the City (~ig. 4.3). Uhder conditions attached to t k Wtent, the

City was required to dedicate and maintain al1 of the land arotmd

8 &mison Cteek as a park, and respect the rights of the Ontario, Sinroe

and Lake Huron Rail Road (later the Northeni). City Council was also

required t o dedicate and maintain a mininana of 20 acres of land in the

tract south of the Asylm for a park, with the area south of King Street

being part of this park land. This sane land w s also to be made

available for the Prwincial Agricultural Exhibition. City Council was,

however, free to dispose of the reniainhg 13 1/2 acres of land south of r

the Asylimi (Minutee 1856, 20, 67; 1858, 1628 234; 1859, 122). With the

abolition of Liberties thraighout the Province in 1859 (Tk Consolidated

Statutes of Upper Canada8 22 V f m r n 8 cap. 54), City Coumil gained a

greater intetest in the renaining Ordnance Land, vhich m C lay w i t h f n

the city proper.

69

Rie transfer of certain Ordnance Iands and Naval and Military

Reserves fran the British Crown to the Province of Canada in 1856 opened

up rieu possibilities for developnent in Tomntols Ordnance Reserve.

Ho-, the statutory restrictions on the alienation of this military

land constrained its conversion to naw uses. Tlie City's ability to

dispose of 13 1/2 acres of its land lying south of the Asylm also

prdded new opportunities for d e v e l o p m t , as did the construction of

the Great Western and Grand Tnmk railrnys across the Reserve in 1855

and 1856. Neverthelem it was not u n t i l the incorporation of the Steel,

Iran and Railway Works Canpany in 1866 that the first step in the

industrial developnent of the remaining dlitary land occured. Dnder

the Act of Incorpoation for the Steel 0 I o n and Railway Works Company

(Prdnce of Canada, 29-30 V I ~ R I A , cap. cx) , the Company was allowed

to buy or lease up to 10 acres of land in any one place for the

production of rails and railway etpigment. Ihe establishmnt of the

canpanyls factory on f ive acres of leased Ordnance Ianb, at the junction

of the Great =stem and Gand hunk railways (Fig . 4.4), marked the

emergence of an important industrial concentration that m l d develop

around the rail corridors in the Reserve as the need for fortifications

and cleareâ defensive zones faded wi th better Anglo-American relations

and bpmved weaponry

Developnent in ths alienated Military merver to the east of t k

Ordnanœ Reserve, m e also affectad by earnanic and political change,

and strategic priorities between 1834 and 1867. Plans for the

developnent of a prestigious residential area, near proposed g m m t

Fig. 4 . 4 . LAND OWNERSHIP AND SELECTED INDUSTRIES IN THE ORDNANCE RESERVE, 183401867

The Crown -Principal Officers of Her Hajesty's Ordnance, in ~ r u s t , 1843-1856. -Province of Canada, in Trust, 1856-1867.

Aliena t e d 1-Grant for Provincial 2-Patent for John Asylum 1845 Farr's Brewery, 1854

3-Sale of l o t s by the 4-Grant to C i t y (with Province, 1357 conditions), 1858

Leasehold from the Crown 5-James Duffy, 1843

6 - S t e e l , Iron and Railway Works, 1866

71

buildings a t the foot of Brock ( S p a d i ~ ) Street, and betveen Peter and

Graves ( S m ) Streets, failed to develop as anticipatecl, due in part,

to the slow releaee of this gavernnent land in the late 1830% and the

teniporary remwal of the capital fmm Toronto aiter the union of üpper

and Inwer Canada into the new Prwince of Canada in 1841. However,

railway construction i n the early 1850's brought about greater change.

The construction of the Ontario, Sinicoe and Lake m o n V s rail

yards and depot, on land that had been set aside along the bayshore for

a public pranenade, attracted camemial enterprise t o the area. nie

subequent construction of the Great Western and G m d TNllt railways,

through the adjacent Ordnance Reserve, and across landfill in front of

the c i ty , not only cut tk city off fran the harbour, but the associatecl

noise and congestion discouraged the further developmt of large

estates along the southeni edge of the former Military Reserve (Ganton

1975, 31-2, 52, 54, 61; Mugh 1989, 44; Wàt-~OW & SOM 1857).

The proposecl developmnt of water-powered milla on Garrison Cree

had also been frustrated by the establisbnt of the Ordnance Reservers

eastern boundary, uhich left most of the private pmperty along Garrison

Creek without aacess to the creek. Military use of John Dun% property

and villa, just north of Fort York, for a twpoary military hospital

and officers' quarters in 1838, also rsnoved prinie land fran

developmt. The consolidation of medical facilities for troops in a new

hospital in the New Fort, scwtime between the end of th Rebellion

Qisis in 1842, and ra i l conetnrtion in 1851, apparently made the

dlitary hospital building near Niagara and Tiecuiaseh Streets available

for nev uses. EF0~eve.r~ the continueci use of Dunngs villa for bil lets

restricted the developent of Dun's property at Bathurst and Niagara

72

Streets until British troops vithdrev fmn Canada in 1870. (~enn 1993,

106; BeM, May 28, 1998; RG 8, 'Cg Series, 305: 38; 445: 222; 446:

14). Nevertheless, the establishnent of Tbnpson and Baiires' brevery

( later Cosgravefs) cm tk east side of Garrison Creek, just south of

Street, arauid 1851, market3 the euergence of a small concentration

of industry along Garrism Creek, which by 1858, included a planing

nill, brickworks and two tobacco factories - one of which operated out

of the former military hospital near Niagara and Tecimseh Streets (Benn

1993, 106-7, 111; Boultûn and Bûultm 1858, xxiii; Caverhill 1859;

F l d n g 1853; Ganton 1975, 57-8, 69, 74) .

irirsvi.EaL-fàWDIW'bIB'PABlt'

Private development becam possible in the Guvernnent and 'Park'

Reserves east of the Town of York after the Gweniment of Upper Canada

enipowered appointed Tnistees to sel1 or lease this land for the purpose

of supporting a public hospital. Comequently, the disposition of this

Endowiment Land was related to the financial requirements of the

hospital, which land sales in the 1830's and 1840'~~ and Parlianientary

grants, failed to satisfy. As Toronto's population grew, and land in the

western part of the City increased in value in the early 18508, a new

Board of Trustees decide to abandon Hospital Square, on King Street West

a t John Street, and build a larger hospital an mdowment Land on Don

(Gerrard ) ~ t r ke t , in the northern par t of the 'Park ' . Financing for this project was to cane frcm tk sale of perpetual leases for the land and

buildings in Hospital Square. Hmmer, the Government '8 appropriation of

this real estate for offices reduced anticipated sales and forced the

~rustees to issue debentures to cunplete the new hospita1 (Clarke 1913,

41, 64-5; Miller 1913?r 3, 4).

73

nie loss of revenue fmm the leasing of Hospital Square in the

west end of the City vas offset, to sane degree, by the sale of

Endovment Land in the 'Park' in tha early 1850's. Such sales were

enmaged by the eastern extension of Lot (Queen) Street to the Don

R i v e r in 1847. This impzovement not only opened up a new, and less

cmgested, route through t k east end of the City, but it also made the

central part of the 'Park' mre accessible for new developmnt.

Industrial dwelopment around the new junction of Ring and Queen Streets

began w h e n Thmas Davies established a brewery on land at the nosth-east

corner of River and Queen Streets ( F i g . 4.5) , that had been puchased

from the Trustees in 1850 (L. R. O . , Instnmient 36801; The Globe,

Jan. 3, 1850) . Francis Medcalf , by contrast , entered into a forty-two

year leasing agreenient with the Trustees aruund this time so that he

cmld relocate his g d n g foundry business f m the Queen and Yonge

Street area, to mre spacious grounds on the eouth side of King Street,

near the Don River (Abstract Index Vol. 264; Archives of the General

Hospital, ACC 0030, Container 13, Series AS, File 18; City of Toronto

1855; Robinson 1885, 108).

Early industrial developnent in the 'Park', as discussed in

Chapter 3, focused on Gcoderham & W;ortsf imposing windmill that

wer100ked the Bay. Here, the t irn vas able to capitalize on its

bayshore location by constnicting a private wharf to seceive shipnmts

of western grain and Pennsylvanian m a l for its new steam-pawered

distillery operations. fim was aleo able to use t k dist i l lery'e

'8-t -eht to operate a dairy, which supplied the local market. The

expansion of tkse operations vas acccrm~dated by the purChase of

additicmal mdoinnent and to the east of th campany's original site

Ffg* 4.58 THE 'PARK': LAND OWNERSHIP OF SELECTED INDUSTRIES AND THEIR ENVIRONS, 1834-1867

Private P r o ~ e r t y 1-Gooderham 6 Worta

2-Thomas Davies' Brewery 3-Toronto Rolling Milla

4-Newman 's Indian Rubber - l e a s e d 5-Defriesl Brewery

6-Parsonsr Oil Refinery 7-Copland's Brever - l e a s e d

8-Morrison and Taylor's Potashery - leaaed

... Hospital Endoment Land - Leasehold ... 9-Medcalf Poundry IO-Starch Factory / Potashery / 0i1 Refinery

75

around 1850. ûther lots on the north side of Palace (Front) Street were

also p u r c h a d fran the Trustees around the same t h for a cooperage

(Abstact Index 261: P l a n 108; J. L. A. P. C. 1847, Appendix 11;

Shuttleworth 1929, 125; The Globe, Feb. 7, 1862).

In 1856, the Hospital Tnwtees comeyed (Abbott 1896, 1, 2, 7) a

large block of land in the southeast corner of the 'Park' to the Grand

Tninlt Railway for its depot and yards following the passage of the

Railway Clauses Consolidation Act ravince ce of Canada 14/15 VICTORIA

(1851)t chap. 51) and the Grand hunk Railway Act of incorporation

(province o f Canada 16 VIcrORIA (18521, chap. 37). With the transfer of

this Endowment Land to the Grand Tm&, Toronto not only gained

inter-provincial rail connections that eventuatly linked the American

Midwest and the Atlantic seaboard, but the southern part of the 'Park'

became a more attractive location for industries needing rail

facilities. Such connections, contary to Weber's theory of industrial

location, not only enhanced Gooderham & Wortsv existing distillery

operations, but they also allowed the firm to becane inwlved in the new

cattle trade to Britain.

The establishment of the Toronto Rolling Mills, on land

kdiately west of the Grand Runlt yards, marked a significant, but

fleeting, wment in the industrialization of the 'Park' and the

city. This mill, which re-rolled the worn rails of the Toronto to ,

Mmtréal section of the Grand Tninlr Railway, between 1859 and 1869, was

kilt on part of the property that the British railway cmtracting finn

of Rto , Jâêl<sûni Bassey and Betts had pwchased frai the Hospital

Trustees in 1853, and then so ld to Thoaias G a l t and James Rowan in

1857. With the Grand Tnoilr's purchase of this private property in 1858,

76

al1 the land lying south of Front (Mill) Street, between Cherry Street

and the Don River. was taken up for railway related puposes (Brome

1862; Ganton 1974, 39; Kos-Rubcewicz-ZubIrow8kf and Greening 1959, 90-1;

Le Re O. Inst~nents 51541, 65001, 67005, 6945cit~; The Globe, Jan. 25,

1860, Feb. 12, 1866; mterlow & Sons 1857).

Industrial developent in the northeastem part of the 'Park1 rras

encouraged by John Bell, who had pyrchaseci an extensive amount of

Endowment Land i n this part of the 'Park1 in 1845. In 1855, Bell leased

about twelve acres of land on the east side of River Street to

industrialist Wter Lanb for tillage and garden pwposes, manufactories,

storehauses, magazines or dwellings. In 1857, Lamb sublet same of this

land to J. J. Ne- for an indian Rubber Manufactory . This marlced the

emergence of inportant industrial activity a t R i v e r and Don (GeErard)

Streets which mon included a coal oil refinesy d m on the Don Flats

(Bouton and Bailton 1858, Plate xx; L. R. O., Instrument 59179;

Mitchell & Co., 1866).

Continuing Hospital def icits, exacerbated by the constsuction of

* the new Hospital in the IPark', caused the Provincial Goviemunent to

i n t e m e in the management of the Hospitaï's f inames. In 1862 , the

Province of Canada authorized the issuance of mu debentues to retire

maturing debentures. Hmever, these new debentures were secured by "a

firat lien against t k real estate of the said Tnisteesal (Province of

Canada, 25 VICrORîA, cap. 85), and as such, ef fectively prohibited the

sale of al1 Hospital Ebdowlnent Und. This left th mtstees in the

unenviable position of trying to raise revenue for the Ibspital fran the

leasing of less ehan desirable land in th 'Parkt, until t h Gavenaent

repealed this legislaticm.

77

Industrial -ion almg tk emmpy eastern edge of the 'hirko,

south of King Street, was chasacterized by the establisut of noJdais

industries on Endowment Land and on private pmperty. A variety of such

industries, inciuding a starch factory, potashary, and oil refinery vere

established on leased Enüof~ment Land an the east side of Don

(St. Lawrence) Street, just north of South Park (Eastern Avenue),

beginning in 1857. T%e establishment of Morrison and Taylor's potashery,

on leased private property on th north s i d e of Palace (Front) Street,

was a foremer of large scale soap productim that would concentrate

along this stretch of the Don River wer the next few decades (Abstract

Index Vol. 261A; Boulton and Boulton 1858, Plate l[Xa[; Mitckll & CO. ,

1866)

The southern part of the 'Park8 also saw the establishment of

Coplandfs Brewery on leased land in the Trinity Qiwch Block, just north

of moch Turner Is former brewery property, around 1863. This Block of

land, bounded by Mill (hinity) , King, and Parliament Streets, and a

line 1 chain and 37 links north of Palace (Front) Street, uas purckiased

- frcm the Hospital Thistees in 1851 by William Gooderham, moch Turner,

and others, to provide Little Trinity Chur& with a landed

endowwnt. Incane! fmn the disposition of this land was to be used to

retire Little hinity 's building debt, and prwide alms for the poor

(Abstract Index 604: Plan D12; Ardiives of t k Anglican Diocese of

Toronto, Indenture dated June 5, 1851; Hayes 19911, 11). - Iadustdal developaent in Toronto waa initially hampereâ by the

la& of water and water power sites within t k city, and by Britain's

78

mercantile policy. Houever, th dismantling of this preferential t a d e

system in the 1840's stimulated railroad const~ction that encouraged

new industries, integated new dcmestic markets, and laid the foundation

for the future concentration of induetry anwid rail faciîities. In the

west end of the city, the conversion of the mstricted Militazy Reserve

into private property was sanctioned by the Cmni in order to raise

funds for a new fort and facilitate urban expansion. However,

opportunities for industrial develo-nt along the western and southeni

edges of thie new urban area were physically wnstrained by the Ordnance

Reseme boundary along Garrison Creek, and by the utilization of John

Dunnls property by the military. Neve&heless, a handful of

mianufacturing enterprises, that included a brewery, planing mill,

brickwotks and tobaoco factories, did manage to get established on the

western edge of this newly pri~tized area during the 1850%

'Ihe Cromls alienaticm of strategic Ordnance Land, on the other

hand, prdceeded more cautiously. While the construction of rail

corridors c o u d not be prohibited on this military land, it me through

the transfer of certain Ordnance Lands to t h Province of Canada in 1856

that the sale and leasing of the Ordnance Resesve at Toronto bec-

possible, subject to the retention of essential military land around the

forts. Even with the public sale of a small section of Ordnance Land in

1857, and a very sinall, unconditional grant of land to the City in 1858, 1

mly Farr 's brewery and t h Irai, Steel and Railway Bks Canpany were

operational in tk Ordwice Reserve by the t h of Confederation.

The alienation of unwanted Cmm R e m Land on the D a River uas

effected by the empowennent of govemtmt-appointe Trustees to sel1 or

lease this Land for the support of a public hospital. It se- though,

79

that tk generai disposition of mdowment Iand for the mintename of

the hospital was of greater ilportance to the Trustees than the

iiaplementatim of any policy to attract manufacturers to the 'Parkw.

Cansequently, iost of the industriel enterprises in this area vere

established on land that the Thistees had already sold to private

persona by the mid-1850%. With the Goverrmwt Is ban on the sale of al1

Hospital real astate in 1862, potential manufacturers had to consider

the consequaces of acquiring private property, or leasing small lots or

swampy land frm the Rospital Trustees for production. Neverthelesa, by

the t h of Confederation, land along the mthern and eastern edges of

the 'Parkt m s k i n g used for breweries and distilleries, metal

industries, and a variety of grocessing plants.

This chapter will examine how selected manufacturers obtained land

for production in the remaining Ordnance Reseme, the forner Militazy

Reserve, and the 'Parkt from the t h e of Confederatfcm in 1867 to the

end of the nineteenth century. hiring this period, important economic,

political and administrative changes influencecl industrial development

in these government-controlled and privatized areas within Toronto.

Toronto had developed a Wghly industrialized" (Kealey 1980, 29)

econany in the twenty-five pars since Britain dismantled its

preferential trade systen in 1846. l h i s developnt was characterized by

a general, but uneven, shi f t in production modes fran small craftshops

to highly mechanized factories that nanufactureci producer goods as well

as metal consumer gocds for a growing danestic market. The subsequent

Depression of 1873 slowed growth and led to sttong demands I r a Toronto

industrialists, and others, for higher tariffs to protect Canadian

manufacturing. The implementation of a national tarif f policy in 1879,

follcswing a federal election in September of 1878, encouraged strong

industrial growth in Toronto in the 1880's that vas enhancecl by the

construction of the Canadian Pacific Railwy. This new gmwth was

characterized by the production of metal goods, pianos and agricultural I

inplements, as well as the relocation of several industrial fim fmn

-11 Ontario centres to take advantage of Toxonto's labour supply,

large market, and excellent transportatian facilities. Çuch facilities

not mly alloved access to c k a p r a w materials and new markets, but they

also encourageci the concentratiaz of industries near rail lines. A

81

general econdc slowdoni in the early 189OWs, coupled with increased

municipal campetition for new industry, and a lack of suitable space in

the city for larger factories, soai forced t h City to implement tax

exemptions, lower uater -tes, and consider the reclamation of marshy

aunicipal land in Ashbridges Bay by the maith of the Dai River (Beeby

1984, 200, 2020 2050 222, 214, 216-18; Careless 1984, 112; Gad 1994,

116; Giimour 1972, 174; Kealey 1980, 14, 16, 18, 20-21, 30-32; Mellen

1974, 275-76) . The stabilization of Anglo-Anierican relations in 1870 (Dean 19930

Plate 24) influenced developnent in Toronto by reducing tk need for

British troops and extensive military holdings. IMring this period,

respcnsibility for the reminhg Crown Reseme Land in Toronto changed

with the passage of the British North m i c a Act. ünder this Act, the

Provinces of Nova Scotf a, New Brunswick and Canada united into the new

federal grneninient of the Dominion of Canada. Dhder Item 9 in the Third

Schedule of the al1 Ordnance Property prwiously held by the

Province of Canada, including Class B and C Ordnance Land a t Toronto,

bec- the property of the Daninian of Canada (Fig. 5.1). However,

m i a l directives embedded in earlier Statutes relating to the

disposition and managenent of Orchance ïand and Naval and Military

Reserves remained in ef fe t , and were as@ by the Secretary of State

for the Daninion of Canada (Debates of t k House of Camions of the I

Domhion of Canada (1867), 31 mcTûRiA0 cap. 42). Oversight of the

Trustees' management of the remaining Hoepital Endoument Land in

Tormto, on the other band, became the responsibility of the newly

ccnstituted goverimient of the Province of Ontario, vhich replaced the

formet administrative regicn of Canada West in the Province of Canada.

Fig. 5.1. PROBABLE CLASSIFICATION OF THE ORDNANCE RESERVE WITH CONE'EDERATION

Class B - held by the Dominion of Canada. Unessential sections may be l e a s e d .

Class C - held by the Dominion of Canada. May be s o l d , leased or otherwise disposed.

Undetermined - but held by the Dominion of Canada.

O Alienated.

83

lbronto grew in both size and poputatiai during this period.

Population growth, that increased fmm 49,016 persons in 1867, to

193,246 persona by 1899, created a large local market and labour pool.

The political territory of the City also increased between 1883 and 1893

to include settlements adjacent to the original City Limits. )Fowever, a

considerable amount of undeveloped private property was available near

the rail lines in the southeastern part of tk 'Park' in 1867, and, with

the exception of huuits villa at Bathurst and Niagara Streets, in the

former Military Reserve as w e l l . Access to land along the shoreline and

annuid the tracks in the Ordnance Reserve was, by contrast, restricted

ior defance purposes and by the statutory restrictions on the alienation

of this military land. Nevertheless, it vas possible to use the railway

lines that criss-crossed the Reserve through a series of suitches, once

access to the Reserve vas pennitted by the new federal gavernment. With

hproving Anglo-Awrican relations, and the withdrawal of British troops

frm mast of Canada in 1870, both the goveniment and the private sector

began t o consider new ways of utilizing remdant military land in t k

Ordnance Reserve (Denison 1948, 69; ïemn and Sinmons 1977, 1, 2, 50;

Stelter 1982, 11, 22; Ckiewett 1868).

= a m m u m m Further alienation of the Ordnance Reserve began when the Ontario

Gavernwnt &k stepa to obtain Ordnance tand for an Asylum Farn and a

prison. These objectives were facilitateci by the Dcniniai Goveniment's

liberal sales policy and an apparent reductim in Class B Ordiwce Land.

With the transfer of the Old and New Forts, Barracks, adjacent

buildings, and 191 acres of land fmm the Rom mgineers to the

84

Canadian Hilitia Department in 1869, the vay rns c l e d for the sale or

leasing of most of the Orciriance Reserve Land that lay to the north of

the Great Western Railvay (Oliver 1988, 206, 214; Sessional Pagers of

éhe Daninion of Canada [hereafter S. P. D. C.] 1871, No. 7, 145; No. 23,

3; Sessional Papers of the Province of ûntario [hereafter S. P. P. O. ]

1869, NO. 4, 29).

On July 1, 1870, the Ontario Government took possession of 150

acres of Ordnance Land that lay between the Great üestern and Grand

hrink Railways for the proposeci Asylum Farm (see area A in Fig . 5.2).

Developnt of this F m not mly reduced th Asylum's expenditures for

fcod, but it also provided o u t 4 w r work for many patients that vas

considered benef ic ial for their health (S. P. P. 0. 1869, No. 4,

29). The Province also purchased Ordnance Land that lay between the

Grand TNnk and Northern Railways and to the west of the Asylum (see

area B in F i g . 5.2), following a p p r m l by the Department of Militia and

Defance, and by the Province's E%ecutive Courcil (Indu~try Canada,

Special Grant, Lib. 158, Folio 573; Journals of the Becutive Council

[hereafter E. Cm O.] 1870, RG-75-58, 2/366; S. P. D. C. 1871, No. 7,

145). By 1872, aitatio had becone the largest land owner north of the

GreatW&tesn Railway. However, a few parcels of aminion Ordnance Land

still remained in the Resem, along with the City's

land and some private property. >

New industrial development in the centre of

park and exhibition

t k Ordnance Reserve

was fostered by Ontario GovecMient's decision to build a

self-eufficient industrial prison on the 'Old Barracket property, which

may have referred to land in tb Great Westeni-Strachan Avenue-Northern

Railway triangle, or perhaps to dilapidated Fort York itself. Failuse to

F i g . 5 . 2 . LAND OWNERSHIP AND SELECTED INDUSTRIES IN THE ORDNANCE RESERVE, 1870-1875

rn - Dominion of Canada

City Toronto

Province of Ontario

Selected Industries 1-John Farr 's Brewery

2-Central Prison 3-Canada Car Company

86

obtain this pxopesty, because it ws cmddered essential Class B

Ordnance Land, forced the Prwince to use sane of its Asylun Familand on

the met side of Straaian Avenue for the new prisai (see 2 in Fig. 5.

2). m i s site not onîy possessed excellent rail connections for the

transportation of prisoners and materiale, Rit it also enjoyed access to

the large Toronto market as well as the Asylimi's water and eewage

S Y S ~ ~ (Sm Pm Pm 0. 1871/1872, No. 4, 15-20; 1873, NO. 2, 90-1).

However, full utilization of this bloclr of land vas c a n p r d s e d by anal1

sections of City-omed exhibition land lying south of the Northem

Railway (see areas C and D in Fig. 5.2) , and by the leasehold proprty

of the Steel, Iron and Railway Wrks Canpany (now merged into the Canada

Car Canpany ) on the west side of Stracban Avenue (8ee 3 in Fig . 5.2) .

Dnfortunately for the Company, plans for expansion as well a s the

enjoynent of its lease, had been canpronised by the Province's

acquisition of Ordnance Land ai the west side of Strachan Avenue.

Efforts to redress this oversight led to the transfer of the

Steel, rron and Railway Worksv lease to the Canada Car Company, the

conveyance of t u s property to the Canada Car Canpany in freehold

tenure, and an anangement with the Ontario Gavenmient to facilitate the

Canada Car Caopany 's operatians. ünder a private, rather than publicly

1 negotiated

workshops

Canada air

production

industries

Instnmient

wntract, Ontario agreeâ to construct al1 the necessasy

for the Canada Car Oompany in the adjacent new prison. The ,

Company, for its part, agreed to lease p r i s a i lahour for the

of railway cars, assorted metal fasteners, or othar approved

for a period of 7 1/2 years beginning in 1874 (Le Re O . ,

8293B; S. Pm P. 0. 1873, No. 2, 89-918 95)

Depressed econamic conditions eoan forced the Canada Car Canpany

to abandon its plans for the large scale production of railway cars and

turn to the manufacture of VOOdenware to fuifil1 its contractual

obligations. Following the collapse of t k Canada Car Canpany in 1875,

other mufacturers came fonrard to utilize the prison's workshops and

supply of cheap labour. By 1880, tW Central Prison haù becoaie an

inportant establishuent for the manufacture of clothing, footwear,

b r m , iron goods and wen bricks. This unique gwariynent-sponsored

industrial complex m d e d westward around 1879 with the establishnmt

of a workshop on the qounds of the new Mercer Reforoiatory for Females

(see Mg. 5.3), whidi had been bui l t on Asylum Fanniand just south of

the new King Street extension, and west of the Grand Tnmk Railway

(S. P. P. O* 1873, No. 4, 56-8; 1878, No* 4, 73; 1879, No* 7, 12; 1880,

NO. 80 150-1, 154; The Toronto City D i s t o r y 1886, 1891, 1896).

The creation of new industrial space in the Ordnance Reserve was

encomged by the increasing redundancy of the City's park and

exhibition land in the Reserve. This was cause& in part, by the City's

acquisition of other park land, and by the increasing pollution of

Garrison Creek. However, the westerly extension of Ring Street, fran the

exhibition grounds to Dufferin Street in 1876, compromfsed the

usefuîness of the land south of the Asylum for exhibition putpeses.

Oorisequ~tlyr City Council sought to open up this land for developnent

by trying to have the restrictions renwed fraai the original Patent ,

(L. R. 0. Instrument 6531D) , and endea~uring to obtain new space for a

pernanent exhibition (Mimites 1875, A-ppendix 113; 1876, 419, 592; 1877,

322; S. P. P. O. 1880, No. 8, 27; Walden 1997, 12).

achieve this, City Cwncil first petitioned tk Ontario

Goveniment, which controlled property righta in the province. for the

88

right to sell, lease oc otherwise dispose of th Gardian Creek ga.rk

land and al1 of the exhibition land south of the Asylm. The City then

m r i a l i z e d the Dominiai Goveninient to set apart at hast 50 acres of

land t o the "east of t k Nev Garrisonat (Minutes 1877, 322) for

exhibition purposes. Developnent of the Garrisai Credc land became

possible with the passage of 39 VICTORIA, cap. 62 (Statutes of the

Prov ince of Ontario 1876), which empowered City Council to dispose of

this land, provided al1 proceeâs wexe imrested in the Walks and Gard-

Fund for the maintenance of public parks, gardens and squares (Minutes

1878, 1288) . The acquisition of land for a permanent enhibition mwed a step

closer to realization in 1878, folrowing the Daniniai Government's

presentation of a lease t o the City for appradmately 52 acres of

Orànance Land to the West of t k New Garrisun for mibition

purpoees. The creat ion of this 'na' exhibition land coincided with the

decision of the Massey IYanufacturing Caip>any to mve its production of

agricultural implernents frm Newcastle, Ontario, to Toronto. The

accammdatfon of EIassey's large plant an City property south of t k

Asylm, precipitated a series of rapid changes in gaveniment land

ownership in the Reserve that eventually facilitated t k establislmiient

of the Massey Manufacturing and geye-1 other factories (Denison

1948, 698 73; Minutes 1878, 581, 1179) r

Wssey Manufacturing vas one of the major industrial

establishments to move fran a amal1 Ontario centre to Toronto in t k

late nineteenth cent- ta take advantage of the city's m l l e n t

shipping and banking fac i l i t i es , readily availabie materiala, and goal

supply of labour (Careles8 1984, 112; Iknison 1948, 69; Naylor 1975, 26,

89

105). Hniever, the City m a legally unable to provide the Coqany w i t h

the site it wanted on the south s ide of Ring Street because of the

CKrmts restrictions on the disposititm of 20 acres of 'oldt exhibition

land south of the Asylum. Consequently, the City had to defer a 21 year

leaee for land in the eastern half of the 'oldt exhibition grounds,

south of King Street (see area E in Fig . 5.3), until the Provincial

Legislature enabled the City to sel1 or lease this land. In the

meantime, the City and Malaasey Mufacturing reached a amditional

agreement for the sale of six acres of this 'oldf exhibition land

subject to the City obtaining title by =ch 1 8 1879 (Minutes 1878,

1288, Appendix 182, 873, 874),

On Decanber 30, 1878, City Council considerd a letter É r m the

f~pector of Prisons and Asylimis for Ontario objecting to the

establishment of manufacturing sa close to the Asylum, and expressing

the desire of the Ontario Goveniwnt to exchange portions of the Asylm

FarmLand on hifferin Street for the Cityts exhibition land (see areas D

and F in F i g . 5.3) on the north side of Ring Street (City of Tbronto,

Drecutive Carmittee C ~ i c a t i o n s , RG2-82- 3 , File 1-153) . Following acceptance of Ontario's offer, City Council pet i t imed the Dominion

Government for clear title to al1 of its @oldm exhibition land to enable

it t o aceammdate the Wssey Emufacturing Ccnpany (MinuWa 1879,

Appendix 8, 37; The Globe, Feb. 1, 1879).

On March 1, 1879, the Daminian of Canada c o m y e d 7 acres of

Ordnance Land "lying North of the said Mrthern Railway and South of

King Street and Bst of Stzachan Avenuen (L. R. O. , Instrument 6532D) to

the City of Toronto (ses G in P i g . 5.3) an t k canditim that a l 1 the

'oldl exhibitian land lying n o m of Ring Street, as uell as the land

~ Fig. 5.3. LAND OWNERSHIP AND SELECTED INDUSTRIES IN THE ORDNANCE RESERVE, March 1, 1879

D Dominion of Canada Province of Ontario

City of Toronto Private ( ' A î acquired from the Dominion of Canada)

Selected Industr ie s 1-Corne11 's Brewery 2-Central Prison

3-Mercer Reformatory for F-emales- ------

91

lying south of the Northern Railway (see areas C, O and F in Fig . 5.3),

be transferred to (Ritario in exchange for Provincial Farmtand of equal

value on Dufierin Street. ûn Harch 7, 1879, aniership of 5 3/4 acres of

this fonner fedeal Ordnance Land vas comreyed t o the Massey

Manufacturing Company by the Cityt which took back a mortgage for

$8,625, that was payable in six years at 6% per annum (City of Tozonto,

By-law 1003; L. R. O. , Instruments 1248m, 124m).

Rie City received pesmission to, seîî, lease or otheniise dispose

of al1 of its 'o ld l &bition land on March I l , 1879, following assent

of 42 V i C ï ü R ï A , chap. 75 (Statutes of Ontario, 1879) . Revenue frm the

sale or leasing of 13 1/2 acres of thie land was to be imrested in the

Walks and Gardas Fwid. However, income frm the 20 acres of land that

had been originally reserved for exhibition purposes was to be applied

to the (~ew) Exhibition Fiindm By May 1, 1879 (~ig. 5.4A), City Council

had sold the rest of the land that had been conveyed by the Daninion of

Canada, along with the remaining section of 'oldV exhibition land

inwdiately south of King Street (see area E in F i g . 5.3), to the

Toronto Bridge Company for $3 , 668 (Lm R. O. , Instnmient 1386m) . The accom~ldatf on of other industries on foraier Ordnance Land was

temporarily halted for appradmately one year until arbitration hearings

finalized the land exchange. ûn Wy 13, 1880. approximately 20 acres of

Asylum E'armland, comprising two parcels of land on Wferin Streett an

tshaped parce1 on the northeast corner of Dufferin and King Stzeets,

and a trianguLar piece of land imnediateïy uest of tk Asylm

(~ig. 5.48) vere conveyed to the City by th Province (L. R. O.,

Inetrunent 4367=). The City nmpleted the required exchange of land

(Fig. 5.4C) by conveying a l l of the 'oldt exhibition land that lay north

I UI(D OUMERSHIP AND SELECTED INDUSTRIES IN THE

ORDNINCE U E S L I V E , Hcy 1, 1879

Dominion of Canada Frovince of Ontario lil n city or Toronto I

Selected Industries 1-Cornell's Brevery 2-Central Prison

3-Hercer Reforirtory for Females 4-Hassoy Hanufacturing

5-Toronto Bridge

QU-

U N D OWNERSHIP &ND SELECIED INDUSTRIES fN THE ORDNANCE P E S E I V E , Hay 13 , 1880

4 Dominion of Canada [7 ~rovince of Ontario

Selected Industries 1-Central Prison

2-Heccec Reformatory foc Females 3-Massey Hanufacturing

4-Toronto Scidge

r .-- -- --- 1 Fi+ 5.4. Exchange of ~ a n d Between Dominion of Canada, 1 Province of Ontario and the City of Toronto

LAND OWNERSHIP AND SELECTED 1HDUSTIIES LN THE OBDNANCE RESERVE, Hay 31, 1080

Dominion of Canada Province ot Ontario

seiected Industries 1-Central Prison

2-Uercer Reformatory for Feaales 3-Hassey Hanufacturing

4-Toronto Bridge

93

of King Street, and iniiiediately saith of the ~orthern Railway, to the

Pmvince of Ontario on May 31, 1880 (City of Toronto By-law 1003). Mter

this exchange, City Canicil was able to offer John Abell, of -ri dge ,

ûntario, a piece of this new City property to ampensate for the parce1

of 'old1 exhibition land ai the south side of Ring Street that Abell had

originally m t e d to purchase for his agricultural works. ûn July 15,

1880, the City sold most of its triangular piece of property an Queen

Street ( F i g . 5.5) t4 Abell for a down payment of $1, with the remaining

$11,543 k i n g received by the City through an open, ten year mrtgage a t

6% per annum ( M y 1984, 200; L. R. O., Instruments 2361m, ~ 3 6 2 ~ ;

The Globe, May 17, 1880).

City property on Dufferin Street vas not particuiarly attractive

industrial land because of its relative isolatian and lack of direct

access to a i l lines due tu the surrounding Asylun Fanniand. men the

Guelph, Ontario, fim of Inglis-Hunter moved to Tbronto in 1881, it

purchased the o l d Canada C a r Company vorks a t the foot of Strachan

Avenw because of the excellent rail connections and good aocess to the

city (L. R. O., Ilistrrnnent 3248a) . In 1885, the Company tore down the

old Canada Car C-y facto- and built new premises for production.

ûther industrial grawth in this area in the late 1880's and 1890s

focused on the massive expansion of the Wssey plant and the ctnnpany 's

purchase of e strip of p r i ~ t e land on Strachan Avenue in 1897. The

closure of the south end of Massey Street, and the west end of

Wellington Street by the City in 1898, and the conveyance of this land

t o the Wssey Company, also k l p e d to satisfy Massey 's m i a t e ne&

for more space (Denison 1948, 113, 159; Minutes 1887, 1156; 1890,

Appendices A: 345; B: 233; Sobe1 and murer 1994, 17-18).

F i g . 5 . 5 . LAND OWNERSHIP AND SELECTED INDUSTRIES IN THE ORDNANCE RESERVE, J u l y 25, 1080-1886

Dominion o f Canada -1 Province o f Ontario

I City of Toronto Private

Reserved for S a l e by the Province k.IC 9

I S e l e c t e d Indus tr i e s

1-Central Prison 2-Mercer Reformatory f o r Females

3-Massey Manuf ac tur ing 4-Toronto Bridge to 1885 then Dominion Bridge

5-John A b e l l 6-Ingris Huntet

95

A n e w era of develomnt in the Reserve w s made possible by the

Provincial Gaverrnaent's decision to build a new Legislature, and by

efforts to imprm public safety at the railvay aossings on King

Street. Funding for the construction of the new Legislature, l i k e the

fimding for the new fort in tk 1830's, was facilitated by the

alienation of certain gaveniment land in the City. ünder 43 VICTûRïA,

chap. 2 (Statutes of Ontario 18ûO), 80 acres of Asylrmi Farnland, bounded

by the Great Western and the Toronto, Grey and Bruce (T. G. & B. )

Railways, and hifferin and King Streets was, vith the exception of the

Mercer Reformatory Grounds (and City property on hifferin Street), set

aside for sa le by public auction, or by tender inviteü through pubïic

adwrtisemient, a t a t h e and on conditions deemed benef icial to the

public interest by the Lieutenant-Governor-in-coullcil (see Fig . 5.5).

Such a t h e came i n 1886, vhen the Fxecutive Council of Ontario

(E. C. O. RG75-57, 21/63, 21/64) invited tenders for 58 acres of Asylrmi

Fannland (Fig. 5.61, which were described in The Globe of August 19,

1886 as "one of the largest and mst desiable blocks of vacant land"

* [within the city, which was ] "splendidly located for railroad purposes

or manufacturing sitesN. A successful bid for two blocks of land to the

south and weet of the Msrcer Refomatory wae made by Frank Lee, of the

general insurance, estate and brokerage firm of William A. Lee & Son

(L. R. O., ïnstniments 1068F, 25926, Plan 684; Robinson 1885, 347) A J

successful bid for two irregular parcels of land to the east of the

Refonnatory was also made by the Land Security Cattpany (L. R. O.,

fnstnioent 25146). This Ccmpany was o r i g i ~ l l y incorporated as the

Tbmnto Rouse Wiilding Asscciatian in 1873 uith capital stock of

$100,000. By 1082, this Association had becorne the Land Çecurity êanpany

Fig . 5 . 6 . LAND OWNERSHIP AND SGLBCTED INDUSTRIES IN THE ORDNANCE RESERVE, 1086-1900

Dominion of Canada

1 C i t y of Toronto I

Province of O n t a r i o

Selected Industries 1-Central Prison

2-Mercer Reformatory for Fernales 3-Massey Manufacturing

4-Dominion Bridge to 1888 5-John Abel1

6-Inglis Hunter 7-Merchants Dyeing and Finishing

8-MacFarlane Shade Company 9-Northey Manufacturing

10-Toronto Glass 11-Metallic Roofing

12-Ontario Wind Engine and Pump 13-Toronto Carnet

97

with capital stock of $i,Oûû,OW. In 1889, the vas penritted to

increase its capital stock to $3,000,000 aubjed to stockholders'

appzoval (statutes of Ontario, 36 VICMRU, c. 128; 45 VICTORIA, c. 80;

52 VImRIA, ~ h a p m. 86) 00

~nitial developnent in this newïy privatized area occurred on the

holdings of the Land Çecurity Company. Houever, al1 developient in this

area MS delayed for several years to facilitate the resioval of the

dangerous rail crossings on King Street. thder a eeven agreement

approved by the Executive Council in 1887, the traclrs of the Toronto,

Grey ,and Bruce Railway (later the Canadian P a c i f i c - C. P. R. ) were

diverted eastward thsough the Land Çecurity Canpanyls property to join

the G a n d Rurik (forwrly th Northern) and Canadian Pacific tracks to

yennit the construction of a street underpass. While this diversion

divided and aîmost iaolated t h e easte.rnmost section of the Company's

property, it also afforded d i r e c t acœss to the Company's holdings

adjacent t o the Reforwtory. Nevertheless, no land transfess or actual

work could be done on the underpass unt i l May 15, 1888 so that the

ûntario Goverinnent could remova deposits of red b r i c k clay fran the

vicini ty (L. R. O. , Instrument 47081) . Industrial devalogment did not begin around the Refomatory and

new underpass until 1892. While the implementaticn of ten year tax

aemptions may have encarraged new manufacturing in the city around this

time (Beeby 1984, 207, 215), it is far more likely that the Land

Security Caipanyîs active involvement in th conetructim of factories

in this area was more influential. The cuupany's acquisition of mre

Aeylum Fanniand, on the southern edge of its holdings on the east s i d e

of Pacific (Hama) Avenue in 1892, also alloved the firm to provide

98

better access to mre regularly-shaped lots by t k naw rail '

corridor. The sale of land near the rear of Pacific Avenue8 to the

WcE'arlane Shade Canpany, aîong vith a factory *ch the Land Security

Company was initially building for this fim on a leasehold basis, is an

example of such imlvement. The 8ub6equent leasing of I&cFarlanets

property to the f irai of Menzie, Thmer in 1894 maintained the proâuctf on

of window shades at this locatim for tk renainder of the century

(L. R. O. 8 ~nstrunents 13324% 667@, 4983L, 8003D, 11516Et Plans

765, 1062).

Perhaps the Land Security Canpanyms moet significant involveniant

in factory construction came vith the establishtmnt of the Northey

Manufactwing aCnpany on part of tk irregular bloclr of land s i tuated

between the realigned rail corridors. ünder the term of th 1892 lease,

the Land Security Canpany agreed to imst up to $1Z0500 in the

construction of a factory for uhich it r w l d retain cnmership The

Northey Calpany, for its part, agreed to inetal1 at least $20 ,000 worth

of equiapnt and maintain the building in gooü order. In 1896,

S. P. Northey mcised an option in his lease and purchased not only

the factory, ht tkie whole block of land between the rail corridors

for f 25,230 (Lm R. O. 0 Ilietnments 4929L8 168223).

The m e r s of t Merchants Dyeing and Finishing Company

benefitted fram the Land Security Canpany's purchase of additional ,

Asylm Fanniand in 18920 by k i n g able to purchase a large lot a t the

rear of Pacific Avenue. Access to this lot vas facilitateà by rights of

way over existing lanes and by the construction oi a private mad (East

Liberty Street) along the southern bamdary of the Land Security

Canpanyms holdings. Otkr industrial dwelopmnt on tbe Land Security

99

Ccmpany's holdings m r e d in 1897, when tb Ontario Wind Engine and

Rmip Cunpany purchased six lots on the south side of Liberty Street,

between Jefferson and Atlantic Avenues, for their facto- (L. Re O.,

instruments 133626, 18527E).

No industrial development took place to the west of the

Reformatory in the early 1890%. TIie Ontario Goverriment's assignuent of

Lee's mortgage to G. Levis in 1891, for failure to make the payments on

the land west of the Reformatozy, coupled with a Court Order debarring

Lee and others from the land south of the Refonnatory, suggest that

financial and legal complications hindered developmnt in these areas

(L. R. O., Instruments 9491H, 11018F). Neverthelem, important

industrial developnt did occur west of the Reformatory by the tum of

the century. The construction of What would becam the largest complex

in the areal' (Wheal and Stinscn 1996) received City a p p r m l on

September 29, 1898 (Ehilding &mit No. 74), follawing the purchase of

seven lots on the scuthvest corner of Fraser Avenue and King Street by

the Toronto Carpet Manuf acturing Canpany two days earlier (L. R. O. ,

Instrument 210533). Factory construction on the Ontario Governmentls new

property on the north side of Ring Street was facilitated by the

Govenmient's apprml of tkre Toronto Glass Coaipanyls tenders for twr,

parcels of land on the east side of th new underpass in 1893 and

1894. The establishment of the Metallic Roofing Canpany on City property ,

at the intersection of King and Dufferin, on the other hand, vas

facilitated by the issuance of a 21 year lease in 1895 (L. Re O.,

Lnstnrments 9994F, 999% 140533).

A consideable n t of undeveloped private p~operty existed in

the former Military Reserve betveen Garrisai Creek and Peter Streets at

the time of Confederation. Developnent at this time consisted of

scatterd resid-s, barracks and shop~ ai Queen Street, rail offices

around Front and Bmck (Spadina) Strëets, and the mess of the 13th

Hwsars in ~Dunn Villa' on the west side of Bathurst Street at Niagara

Street. Manufactories on the west side of Nia- Street had declined in

nuniber over the past decade to a brickyard, and the Cosgave Brewery,

south of Queen Street. Nevertheless, the potential for industrial

develoyiaent had increased in this area f o i i d n g the imposition of

restrictions on the sale of Hospital Endowment Land i n the !Parkm in

1862, and the subsequent purchase of Qrdnance Land by the Ontario

Gavenmient for the Asylum Farm around 1870 (Benn 1998; Chewett 1868) . The developnent of King Street as an important industrial axis

began with the acquisition of 'greenfield' sites by three fi- in the

late 1860% and early 1870's. The establishuent of sweral factories in

- the Bathurst Street area that produced canponents for pianos can be

traced t o the purchase of part of a lot an King Street by V. Risch of

the Mason and Risch Ccnpany in 1868, and part of anotkr lot i n

1872. The new stuve foinidry of tk Gurney finn of Hamilta, ûntario, vas

erected on four lots in the western part of the King, B m t r Adelaide

and Bmck (hadina) Street block that had been pudiased tran the

University of Toronto and frcn private pers0118 throughDut the lat ter

part of 1871. 8. E. Clarke followed a similar pmcees of land assembly

for his trunlr factory, after buying a lot on t k south side o f Adelaide

Street near Niagara Street in 1874 (L. R. O. , mtf~m~ts 3930B8 62778,

51491 6158B, 126778),

101

Industrial growth on Ring Street in tk 1880's vas cbaracterized

by the acquisition of more land between King and Adelaide Streets for

the expansion of the Mason and Risch, Gurney , and Clwke factories. The

Toronto Silver Plate Caipany acquired private property just west of

Gurney 's i n 1882, while David Conboy, of thbridge, Ontario, established

his carriage top factory acrass from Gumeyts in 1883 to be near the

lucrative lbronto market. This vas followed by the further expansion of

Mason and Risch in 1892 and by the establisniwt of the American Watch

Case Company on a lo t just west of Caiboy rn s in the same year (Bixby

1886, 158; Le R. O., Instruments 2821%~ 2833m, 2091F, 3999,

4672ÇW, 5413m1 3978%, 4151m, 5902Ht 4525L, 13612% 4082w;

Le Re Re GS 5993)

The ewrgence of a cruster of factoriea near the ail lines a t

Bathurst and Front Streets was facilitated by th withdrawal of British

troops in 1870, and by the consolidation of ndlitary facilities in , and

between, the Old and New Forts by 1872 (Benn 1993, 130-2). The

relinquishment of Thm Vil lat by the military allowed Sophie IkiM,

executrix and devise of Alexander A.innfs w i l l (son of the late

Hanourable John Dun), to sel1 'INnn Houset and the surrounding 5 1/4

acres of land, between Bathurst, Niagara and Tecinnseh Streets (see

Fig . 5.1 ) , t o Dickey , Didcey and Neil for a foinidry. Dickey and Nail

enhanceci the industrial potential of this lot by leasing twor small

parcels of City park land on the southern edge of t k adjacent lot and

their own in 1876. The utilizatican of this land pennitted access to the

Northern Railway, and also allowd greater flexibility in the layout of

sidings w i t h i n the lot for future use. The addition of a smsll piece of

freehold land to the southeasteni edge of this lot also p d d e d more

102

ueahle space for production. Dickay and Neil capitalized on this

potential in 1876 by selling their proparty to the Toronto Reaper and

Mwer Company. This Company manufactured farm hplements here until

1881, uhen the business was bought out by the Mhssey Ccmpany and the

land sold to O. S. Kelly (L. R. O., Imtr\mients 8685% 20472B. 20474%

204748, 2235m, Plans D246, 655) . Kelly sold this bl- o f land to W i l l i a m Essery in 1882, who then

sold most of it to mchinist John Doty in 1883 for his engine works.

Essery's remaining property on Niagara Street was soai utilized for a

hat factory and planing m i l l . By 1888, new buildings ai Niagara

accawiodated the production of blinda, mantels, piano cmponents,

furni tue and wickemre, a i l e land in the southeni part of the block

w s k i n g used more for fue l s toage . In 1889, John and Frank Ooty

bought more property on the east sida of Bathurst Street for

$40,000. However, the subsequent insolvency of the Doty mgine Cmpany

in 1892 gave J. and G o Bertram the opportunity to buy the land and

prendses for their oni engine business for $26,702 (Abstract Index 89-2:

Plan D246; L. R. O . , Instruments 2904k 7258% 4624=, 7486m, 7487CW;

The Tbronto City Directory 1885, 1886, 1887, 1888, 1889).

'F$Lllt'

Pr ivate property and Hospital Endoument Land was a ~ i l a b l e for

industrial development in the east end of tk city in the 'Parkv i n

1867. mever, aacess to the remaining Endovment Land was still

constrained by the statutory restrictions on land sales to secure th

HDgpital's debt, the unpopularity of lmeehold land, and t k fiduciary

responsibilities of the Hospital Board. The Tmstees ability to maintain

103

the Hwpital uas seriaisly compmanised by the statutory restrictions ai

land sales and by continuing reductions in Gmetnmnt aid during the mid

1860%. nie failure of the Legislature to make any grant to the Hospital

in 1867 f inally forced the clorsure of the institution. While f inancial

assistance pernitted a limited reopening of tk Hospital in 1868,

nothing was done to rectify the inability of the Trustees to sell

Hospital real estate to retire debentures (Jnunals of the Legislative

Asseînbly of the Province of Ontario [hereafter J. L. A. P. 0. ] 1867/68,

159-163; Minutes of Meetings, Board of Rustees, lbronto General

Hospital [hereafter M. T e T. O. H.] Mar. 1866-Dec. 1879, 80, 86, 127;

S. P. P. 0 . 1868/9, NO. 22, 2-5).

Debate amang the Trustees at Board Meetings (1866-1879, 121, 146)

and before a Select Cornittee of the Ontario Legislature on the writs

of selling or leasing Endowlaent Land concluded that land sales would

solve the Hospital's inmediate financial proble~is. f30weve.r~ the Thistees

also caicluded that the Hospital would obtain greater long-term benefits

fran the leasing of this land. Such benefits would accrue because of

good location and iiiprmmmts to existing leaseholds vhich would permit

the Tnastees to charge higher grauid rents w h m ~ e t of these leases

fell in around 1875. Consequently, the T r u s t e e s advised the

Lieutenant-Govenior t o presenre t h Endoument Iand for future leasing.

Financial concerns of the Hospital during the recessiasiary 1870's

rm1ved around arrears in rental incure froa al1 Bspi ta l Property,

inatuting debentures, and the continuhg inability of the Tnis tees to

sell Endounent Land to pay off the Hospital's debt. Ihe Ontario

Legislature addressed most of tkse concerns by enacting 39 VICTORIA,

cap. 65 (Statutes of Ontario 1875/76), whi& not ai ly empoueted Rustees

104

to issue $5û8000 in new debentures to met aatstanding aies, kit also

preecribed the application of rental incorne to meet interest charges,

and authorized the sale of Wospital Land for the inmediate redemptian of

the new debentures. The Trustees received several purchase offers for

vacant l o t s and leaseholds in the mnths foilowhg the enactment of this

legislation. Mowever in 1877, the Trustees decided to discontinue al1

land sales and follow a leasing policy, ufiich, w i t h the exception of

expropriations for the Don ïmprovement and ai lroad construction,

remained in effect for the rest of tkie century. Con~equently~

manufacturers had to consider the mits of freehold and leasehold land

ïhen making locational decisions that imrolved the Park (Miller lgl3?,

Il, 13; M. Ta T. G o H e 1866-1879, 558-98 587-8).

A considerable amount of nidowmnt Land along the southern and

eastern edges of the 'Parkf had been sold by the Trustees by the thne of

Confedetation . Consequently , mst of the new industrial developrwnt

betveen 1867 and 1900 occurred on private property (Fig . 5.7) . (hie such

piece of property consisted of a large suMivision between Mill (Front)

and Front (Palace) Streets8 that stretched fm the Don River aîmost

mer to Cherry Street. In 1869, J. L. MDrrison and John mylor purchased

a large block of this land, that stretched fmi the Don R i v e r mer to

Beachell Street (originally east of ûverend Street) , for a meat packhg

plant. This purchase helpeà ini t iate the developrmt of an important 1

cluster of integrated and lMced proceeeing plants that produced soap,

leathsr and cured pork products for local, national and international

markets. This marshy area on the eastern edge of t k 'Parki prwided

cheap land near excellent rail co~lecti~nst and also affozded access to

the Dcm River for supplies of wter and the disposal of sewage.

1.7. LAND OWNERSEIIP OF SELECTED INDUSTRIES 'PARK' RESERVE, 1867 t o 1900

. Private Pro ert O 1-000derham : Worts 2-Thomas Daviesl Brewery

3-Copland's Brewery 4-Defrias * Brewery

5-Booth Metalworke later A. E . Kemp 6-Morse18 Soap and Candle Factory

7-William Davieet Pork Packing Plant 8 -Bickell and Wickett

9-A. R. Clarke 10-Robert Davies' Brewery

Il-Preyaeng cork

Ho6 ital Bndowment Land - Leaaehold D12-Mad~alL Poundrj t o 1887

incan-Clarke to Murray-Laidlaw i n part to

IN THE

106

Residential developœnt in the vesteni part of the original subdivisicm

also pravided wnveniently located housing for factory and railway

rorkers (Canadian Meat Packers Capici1 1969, 5; City of Toronto

Assesments 1872; L. R. O., ïhstnmieilt 1107a, Plan 225; Phellen 1970,

217; Tbronto City Directory 1870).

In 1872, George Morse decided to take aàvantage of a growing

market for dcmestic soaps, Toronto4s excellent supply of tallow, and its

favouxab1e location in relation to the Erie Canal for the shipnent of

certain materiah, to purchase a site south of Morrisan and Taylor's

packing plant on Front Street for a soap and candle factory. Over the

ne& three years, Morse not only increased his land holdings by buying

most of Mosrison and Taylor's property, but he also added a ail eiding

to his factory which pernitted d i r e c t shipwits of his products to

QU-, Halifax, Portland and New York for forwarding to Britain

(L. R. O., Instments 4782% 7377% 10240a; The Globe, Jan. 22, 1881;

Timperlake 1877, 283) . William Davies, on the other hand, acquired property fran Morrison

and Taylor t o build a mre spacious packing plant to supply a growing

British aiarket for pork products. His purchase of several small lots on

the

the

the

and

north-east corner of Beachell and Mill Street8 in 1874 was based on

exWlent rai l comections adjacent to tkse lots, which permitteci

direct shipnent of hogs t o his plant for processing into bacon, han, I

lard for export. Davies also chose this site because of its close

prosdnity to the Don River from which k wuld abtain fce to implemnt

caitinuous yeai: round slaughtering and provide cold storage to offset

low meat prices. Cûnseq~ently~ dghts of way aver a suitch lane and

other lanes, espedally those along the southern edge of Morse's

107

neighbouring property to the êâstr and across the zest of HDrrison and

Taylor's land beside the Oon Ri-, vere critical for the arquisition of

ice and water, and the discharge of semge, and therefore, formed an

integral part of the 1874 Sales Ag-t (L. R. O., Instnmient 9201a).

Daviesr dependence ai thse narmw tights of uay ended in 1875

w k n k purchased the southern part of Morse '8 pxoperty, vhich by this

tirne, extended eastward frm Davieen plant over to the Den R i v e r .

Mxrison and Taylor assumed ownership of Horsels soap factory and

renaining property in 1878, but by 1883 they had conaolidated their

operations into the northeast section of their original holdings, and

eold the remainder of this block of land to William Davies for the

expansion of hi8 successfuî pork padcing hwiness . (Bliss 1978, 38, 49;

Child 1960, 28; Fox 1945, 138; Guthrie 1986, 58; L. R. 0. , Instruments 11959'0 2481561 3305SE, 4 5 M ; M. T. T. G. H. Jan. 1880dct 1893, 102).

The dwelopnent of other industries in t h inmediate vicinity that

were linked to Torontols packing industry began i n 1881 when Bickell and

Wickett of Brooklin, Ontario, decided to reverse the usual locational

pattern of tanners, who built their tanneries near supplies of hemlock

bwkr by building their new tannery in 'Ibronto, which prwided a steady

supply oi hides and a large market for leather. After carefu

consideration, they purchased several privately-anied lots a t the

northeast corner o f Front and Cypress Streets where they would be able ,

to obtain vatet fran t& Dcn as -11 as taMing bark, -1, and

chemicals by existing rail and water transport. Rvee pars later,

A. R. Clarke established his tannery on privately-orned land that he had

purchased near the t k southeast corner of Eastem Avenue and Olive

Street ( L. R. O., Instruments 2128SE, 3397SE; M e l l e n 1974, 253; Ilie

Globe, Jan. 14, 1882; Wickett & Craig 1967).

Industrial d e v e l o p m t in th Uock betueen King and St. Lawrence

(Don) St-tsr Eastern Avenue (South Park) and the Don Ri-, on the

other hand, took place am Hospital Endninient land. Francis Medcalf

initiated this developuent in 1850 by asermdng a forty-tuo year lease

for several lots on the south side of King Street. Medcalf tried to buy

this property for his successful founcky during tb brief period in

whkh Endowment Land was for saler but the Trusteest decision to assunie

a leasing policy in 1877 stoppeà this. Fwther prob1ems arose aver this

leasehold in 1092, when the Medcalf Estate and Hospital Rustees entered

into arbitration over the renewal of the lease. Wing these

negotiations, the Medcalf Estate advised the Tnistees that it would

rather buy the buildings instead of renewing the lease. Efforts to ease

restrictions in the leasing agreenant that required the Trustees'

consent t o assign the lease, failed to deter the Estate fran trying to

purchase the land. While t k Medcalfs ' failed to acquire this property,

because of the Trustees ' leasing policy, they did manage to renew the

lease at very reasonable tem. This outcane did not affect the Medcalf

foundzy business because it had ceased operating in 1887 after the death

of Alfred Medcalf. who had assimied control of the business after his

Éather's death in 1880. While the foundry premises continued to be used

by founders Pendrith and Eiuttan aftex 1887, wen this ceased once the

original Medcalf lease fell in in 1892 (M. T. T. G. H o 1866-1879, 559; ,

1880-1893, 200. 252, 297, 301-2; The mronto City Directory 1887, 1888,

1893, 1894) 4

Sinilar probleiis were experienceâ d t h t h disposition of other

Hospital Leaseholds at t h i s thne. fn 18718 for inetance, the oi l

refining finn of Inrncan-Clarke was not allowed to surrender i t s lease

109

for several lots on the east side of St. L ~ w I : ~ c ~ Street. -8 the

Rustees did allow the canpany to assign the lease if it could find a

suitable tenant. A later attenpt by tus canpany was more succesaful as

the Trustees consented to the assigmmnt of t k lease to the

Mirray-Laidlaw Company, and the r e m ~ ~ l of a biler engine and machinery

fran the leasehold prendses. Murray-Laidlaw attenpted to renegotiate the

remaining terri of its lease in 1892, havever, it ws mt until 1896 and

1898 respectively that the Trustees renewed the lease, and let

Murray-Laidlaw surrender and assign part of the Leaseh01 d pmperty to

Warren Scharf Asphalt. Efforts to hprove the marketability of mdowment

Leaseholds ware indicated by amenciments to detrimental clauses in

leasing agreements, which required the renewal of leases a t higher

rents, and ccnstrained the leseee's abil ity to dispose of the Leasehold

if their circumstances changed. Such constrainta wntasteà with the

purchasing option enjoyed by J. P. Northey in his lease from the Land

Securfty C-y (Me T e Ta G* H o 1866-18798 90; 1800-1893, 252, 497#

230; Jan. 1894-Dec. 1904, 509r 552, 6û4).

Rio important industrial concentrations in the northeastern part

of the 'Park' had, by contmst, exherged on land that had been prwiously

pwchased fran the Trustees . Induetrial developoent in the southeast

corner of R i v e r and Gerrard (Dai) Streete ocairxetî ai private propeEty

that had been leased to induetrialist Peter Lamb by John B e l l for

tillage and garden purposesr and for storehousee, manufactories,

magazines or dwellinga. It seenus that manufactu1:ers were able to sublet

vork spaœ here mtil Lamb 's 8011, Daniel pwchased and subâivided this

tuelve acre block of land into ninety-one lots in 1871 (L. R o O. r

I n s ~ t s 59179, 2934% Plan D93). Rie establishm& of important

110

metalworks on this property began in 1871 &en George Booth purchaseà

fo- lots on R i v e r , Gerrard and Bell Streets fran William Parsons.

m i o n of Booth's copper and sheet netal works ws facilitated by the

acquisition of other lots £mm Parsons and Lamb in 1872. By 1888,

A. E. K e m p had assumed ownership of t k s e shops and soan controlled the

reniainder of the Bell, River, Gerrard and Don Terrace block through

acquisitions made in 1891, 1895 and 1896 (Ustract Index, 823; Lm R. O.,

Instruments 3015% 4530% 4976% 778P, 4041T, 4047T, 7953S,

9556' j 6513') m

Signi ficant industr ial developmmt also occulcred around Queen and

Suaiach Streets in 1883 aftes Robert Davies pt~chased most of mt 11 on

the north aide of Queen Street frcn Mary mly for his Dominicm

Br-. By 1889r Davies had purhased most of the property to the east

of his brewery for expansion pirposes. A cork manufactory was also

established in the southeast corner of this saine intersection after

Peter Freyseng bought part of two lots on the south side of Queen frm

Robert Davies in 1884. Freysaig sxyanded his operations by acquiring an

adjacent lot fron J. Hamilton in 1892 (L. R. O., Inst~nents 8461m,

72040, 1 0 2 3 s ~ 750& Plans 108, 240).

SUCQIIa

Private property relations and market exchange were the primary ,

factors affecting the assembly of land for industry in the former

Military R e s e r v e and in the 'Park' bétween 1867 and 1900. However,

government control continued to play an important role in the

utilization of Ordnance Land and Hospital Endowment Land by

industry. Statutory restrictions on the sale of mdovaient Land fnm 1862

111

to 1876 limiteû the availability of suitable space in the east end of

the city by forcing mufacturers to m i d e r the merits of freehold or

leasehold land in the 'Parku . The hp1ementation of a leasing policy by the Tastees in 1877, in order to gain greater long-term benefits for

the Hospital, extended these ninstraints. Demands for higher rents,

coupled vith restrictions on the disposition of existing Hospital

Leaseholds, also created problems for induetriai tenants wNch led to

the amendnent of restrictive clauses in leasing agreements to imprm

the narketability of the rernaining Endoment Land. Nevettheless, the

improved leasing agreements fmn the Hospital Trustees d id not contain

options for the purchase of the leasehold property as did the MacFarlane

and Northey leases fran the land Security Oompany for alienated Asylum

Farntland . me utilization of the reminhg Ordnance Land became possible

with the stabilization of Anglo-Atnerican relations in 1870. However,

Imperia1 directives embedded in Statutes still limited the amount of

land that the Dominion of Canada could alienate for new uses. The

?rovince of Ontario found tus out when it was forced to use s m e of its

Asylrmi Fanniand for an industrial prison. Neverthelees, the Province's

construction of workshps in the Central Prison not only made this

prison self-sufficient, but it also prwided opprtunities for

manufacturers t o use the shops and prison labour for production. The 1

City of Toronto was similarly constrained in its ability to convert

redundant parlc and exhibition land into more productive space by

conditions in the original Patent. Ccmsequently, action by three levels

of gweniment vas required t o create the necossary space on King Street

West for the Elassey Manufacturing Conpany in 1879. More space for

112

possible industrial d e l o p n a n t uas created in 1880 when th Ontario

Goverirment decide to sel1 80 acres of Farmland to help finance the

construction of the legislative Building in Queen's Park. m m , no

developnent wuid proceed until the Pravince actually offerad 58 acres

of this land for sale in 1886. Even with the aliwiation of this land,

industrial developnent was still he ld baclc until 1892 imile the Province

remDved red brick Clay fran the area, and a new underpas8 was built on

King Street. The construction of factories by the Land Security Company

facilitated industrialization in the eastern part of tMs nevly

privatized space, but similar development in the southen and western

parts of the alienated Asylm -and was held back by the financial

and legal problems of developer Frank Lee.

- Traditional literature on industrial developnent in nineteenth

century North llnerican cities assimies that land vas freely available for

production thmugh a process of mapetitive bidding in an open

niarket. This same literature alsa assimies that production took place in

the central part of the city. This study, on the other hand, has found

that a significant amount of industrial developmt took place in

nonocentral parts of Toronto in the 1800's. It has also faund that

access to a considerable amount of land in Toronto (York) for productive

use, and urban expansion, was dependent on the w i l l of the British Crown

and its appointed agents, as well as the Governnient of

ûntario. Moreover, it was the camplexity assodated with the alienation

of Reserve Land by the British mon, and Asylm Famland by the Ontario

GwerrmPnt, that contributed to the uneven distribution of nanufacturing

on the edge of the city during the nineteenth century.

This revelation of so much gavenmient ccntrol wer such an

extensive amount of land at Iioronto provides furthr insight into

expressions of scnrereign power on the lanàscape of Canada. It also

supports Lefebvre's contentiai that the State produces space in order to

organize, control, and utilize space for its ani needs. The subsequent

coirversion of Torontofs Reserves into new Wace for industry, and other

uses, underscores the ne& to be more aware of Crown Reserves, in order

to detennine h m their creaticm and alienatim affects land use as well

as urbant and nual, deveiopment. Evidence of the construction of two

factories on the foraier Asylum F m by a reaî estate inveetnient finn in

114

the early 1890'sr also auggests that more research is needed into this

aspect of industrial developmt in nineteenth cratury Mrth Amerfcan

cities.

The creation of Crown Resms in Canada is founded on a system of

legal and custanary rights and obligations aver landed p r o m y in which

a swereign, acting as a Head of State, exercises suprema authority war

a kingdom's land. The reservation of certain lands in the conquered

territory of New France for the special needs of the British Cmwn was

ef fected by George III's proclamation of d n e n t danain in 1763, and by

srnequent Royal Instructions. Rider these directives, officials were

required to set aside land for 'Indians', defence, supplies of timber,

and for religious and public purpases. ûther land ras also reserved t o

provide a source of ravenue for the new civil gcwemmnts of Ugper and

Louer Canada, and a clergy . The imposition of English land tenue also

enabled the Crown to control the distribution of land to private persons

and organizations in retuni for allegiance, service, m u e , or other

benef its.

The creation of Crown Resenres at York (Toronto) can be directly

traced to the Crownrs purchase of 'indian' land for settlement

p u p s e s . With the subsequent incorporation of tvo Crm Reserves into

the official plan of the concessions around Toronto Bay for military,

naval, and gaveniment pirposes, and for supplies of thber, the Crown I

established roaplete control aver land use and urban expansion in

relation to udlitary and Gavenwant needs.While the Inperial

Govenimentls retentia of Reserve Land araund York temoved a

considerable amount of land fmn pmduction, it aîeo preventeü access to

supplies of water that could be usad for manufacturing. Consequently,

115

access to York's Reseruwi for productian was dependent on the vil1 of

the CKmi and its need to defenà its remaining territory and mise

revenue to defray t k cos- of colonial gave~nment, defmce, and local

improvenrents . Attenipts by the Iinperial Goverimient t o meet these financiaï

demande through the leasing of Cnmi Reservea in 1801, permitteà the

establishuent of a 'merchants shipyard' and 'brickyard' in the

Goverment Reserve ta the east of York around 1813, as well as a brewery

inside the northern boundary of the Garrison Reserve to the west of York

around 1820. However, the continued rack of demand for this leasehold

land forced the Imperia1 OovMment to make al1 Crom Land and C m

Reservee available for sale in 1826. While this decisicm had the

potential of opening up Toronto's Reserves for private developwnt,

local circrmistances prevented this until the 1830's. This delay vas due,

in part, to the Crown's retention of the western Garrison Reserve for

stategic purposos. The delay in t k developnent of t k Reserves to the

east of York was related to the earlier conversion of the 'Parkr and

Goverment Reserves into an endowment for a public hospitaL the

goverment 's appropriation of the new hoepital, and the eîimination of

any innediate need to sel1 this land until the gwemmmt vacated these

premises in 1829.

The sale, and leasing, of Endowment Land in the 'Farkl becam I

gossible in 1830, following t b completion of the official s m y of the

area. The alienation of the Garrison Reserve, on the other hand, was not

possible until the Imperia1 Guverrrment sanctiaied the sale of land in

the eastern section of thia Re- at an upeet price in 1833 to raise

funds for the constnrctiar of a new fort. While the westward shift of

116

the 1,OW yard firing range, fmai Fort Yark to thie nev fort,

facilitated the release of the Military Reseme for private developœnt

and utban expansion, tk establi-t of t h boindary of the renaining

Orthance Reserve along Garriscsi Creek cunprdsed the propos&

develo-t of water-powered mills on the western edge of this new urban

area.

Continueci Crown control of the Ordnance Reseme created an

extensive milita- zone inside the weste.rn limit of the newly

incorporated City of Toronto that hindered the developnent of this area

for several decades. Research has found that amess to this Ordnance

Land for productive, and other, uses was dependent on the Cmnils

relinquishment of unessential military land. This cmplex and tbe

consuming process was initiated by the =rial Wemmentls

restructuring of defence expnditures, a mal1 grant of Ordnance Land to

the City for park land, and changing Anglo-American relations. A

significant opportunity for industrial developmnt in the Reserve al80

emerged with the construction of three ailroads across the Reserve in

the early 1850 'S. However, the Cronils retention of this strategic land

denied manufacturers a-s to the very transportation that traditional

liteature deem essential for the least cost location of industry.

opportunities for further developnent in the Ordnance Reserve

emerged in 1856, following the Crownts sumender of certain Ordnance D

Lands and Naval and Hilitary R e m s to the Province of Canada, in

order to provide the Province with a source of revenue to maintain a

Militia for defence. Efowever, Imperia1 directives embeâded in the

enabling legislation for this land tmn8te.r placed certain restrictions

ai tk alienation of Class B and Class C Ordnance Land by both the

117

~rovince of Canada, and the future Dominion of Canada. Restrictions

attached to the City's Cmm Patent for 56 acres of Ordnance Land al=

canetrainad the alienation of this land for pmductive use.

Nevertheles& it vas through these finperial diredives that the

Prwince of Canada was able to grant the Steel , frai and Railny Wrks

Ccmt@any a lease for 5 acres of Ordnance Land at the junction of the

Grand Rurik and Great Western Railways in 1866. With the stabilization

of Anglo-American relations in 1870, the retention of such extensive

military holdings in Toronto diminished. This gave the Dominion of

Canada greater flexibility in releasing unessential military land to

meet its new responsibilities for defence.

Rirther private developent along the rail corridors of the

Orânance Reserve was discouraged by the retention of a ss~ller military

zone along the shoreline, and by the ûntario Gavenuient s acquisition of

naet of the reniainhg Reserve for an Asylm Farin. However, the

construction of a self-suffichnt industrial prison on this land by the

Province created a unique inchistria1 conplex that provideci cheap labour

and extensive workshops for the use of manufacturers. Important

industrial developnent almg the rail corridors of the Reserve ws

in i t ia ted by the City, vhich was able to p l a y its right to sel1 13 1/2

acres of its exhibition land into the creatim of new space for the

large factories of the Wssey, Abel1 and Toronto &idge ccmpanies . This ,

vas accoaplished by the City's decision to extend King Street, the

Ikminion Governmentls donation of Ordnance Land, the removal of

restrictions frm the City's Patent for park and eibition land in the

Re-, and by an exchange of Provincial Farnrland for nist of the

City's exhibition land.

118

ore space bec- available for industrial develogment ai the

western edge of the city in 1880, folldng the Ontario Gamment 'a

decisiai to sel1 a ~onsiderahle amount of Asylm Parmland to k l p

finance the construction of the fmgislative Building in Queen's

Park. aile 58 acres of land ms released for this purpose, the twelve

year delay between the decision to alienate the land, the actual sale of

the land, and the completion of the King Street underpas8 in 1892, aneant

that nianufacturers looked to other parts of the city, and the suburbs,

for auitable industrial space during this period. Nevertheleas, the

construction of two factories by the Land Security Capany at this time

vas a precursor to important industrial developent that muld omir on

most of this old Asylum Eàrnland in the early twentieth century.

While this study on the developmt of Toronto's Cmni Resrves as

industrial areas provides new inaight into the canplex process

associated with the conversion of gavenmmnt-controlled land into

important industrial areas on the easteni and western edges of Toronto,

further examination of the legislatiai that enahleci the alienation of

Class B and Class C Ordnance Land in Toronto has xevealed that the Cr-

also retained indirect control wer tha disposition of Class B and Class

C Ordnance Land in such places as the Seignwry of Sorel, Chambîy,

Montréal, Prescott , Kingston, Hamilton, Niagaa-cni-the-Lake, Fort Erie, London, Sarnia, Oven Sound and Ottawa (eee Appendix 2). This suggests

,

that fwther research is needed to find out how the existence of such

militkz land affected land use and urban expansian in these

settl~avlnts.

SMlat questions can be applied to places with Class A Ordnance

Land. This strategic military land was transferred fmm the Sacretary of

l i a State for WU, in Britain, to t b Dominion of Canada in 1877, but not

before the British Cr- ordered the Guwmor-in4bmcil of the Daadnion

of Cana& to divide it frit0 Class 1 Und for d e f ~ . and Class 2 Land

(see Appendix 3) . With the passage of the Ordnance and Admiralty Lands

Act (Duninion of Canada 40 VfCCûRïA ( 1877), chap. a), anly unessential

sections of Class 1 fiand could be leased, while Class 2 Iand could be

sol& l e a d , or otherwise disposed at public auctiai to help finance

Canadian defence. Private sales of Class 2 Land were al80 pernitted

under thfa Act if the Und was sold to the -ta of Ontario and

Québec for public purpcses, or to occupants of existing, or improved,

leas&mlds. Hm these Inperial directives influenced land use and =ban

developent in Montréal, QU- City and District, Çorel, the

Seigneurie8 of Neufville and Lauzon , Kingston, and Niagara-the-Lake ,

remains to be studied.

A brief eurvey of maps and general histories relating to several

other Canadian cities has revealed the existence of fortifications and

dlitary zones in Saint John, Charlottetown, Victaria, Vancouver, and

the inpria1 Naval Stations in Halifax and Esquimalt. Did the C m

institute eMlar directives for the alienation of redundant military,

and naval, land in thse sett1eaients3 If 80, hQV did such ïmperial

directives affect land use and urban expansion in these cities? While

this etudy on the developnt of Toronto's Cmni R e m m e s has skd light I

ai the penasive role of the inpria1 Gaverinnent in shaping many

nineteenth centuy Qnadian cites, and influencing the use of Crcm

Reserva Land and redundant military land for production, it has also

f o ~ d that the g-t-âppchted Rustees of t h T010ntû Gewal

W i t a l uere not just responsible for the managenent and disposition of

120

)aospital Endoument land in the 'hukl. An cwiminatim of g-1

histories on the Hospital indicate that the Trustees were also

resposisible for the land and site of the old Brick and Govemmt

Buildings adjoining the southeast angle of the Town of York, the School

and nUspital Resemations in York, the site of tk 1818 Gao1 in York,

Simcœ Place, lands attached to Gaveriiment (Elnrrley) Kause, Russell

Square and the adjoining Government Reservaticm to the west, as well as

6 acres of land that was purchased near the intersection of Adelaide and

m i n a . This revelation suggests that more research is needeü to

detennine hou the existence of this Hospital mdownent Land af fected the

availability, and use, of land in the core of the ci ty , espocially

during the construction of the new hospita1 on Ilon (Gerrard) Street in

the early 18501s, after t h e application of a lien ai ail iTospitaî

PIoperty in 1862, and following the adoption of a leasing policy by the

Wwtees in 1877.

Land may be perceived by its physical attributes, as space, or as

ptoperty. In New France, following British Conquest, land was considered

to be the Crown's Land. This concept of the Crown's suprema authority

aver this land allowed it to organize its land into toniehips and

concessians to effect the eff icient and orderly diepoeition of land to

private persans and organizations in retuni for aîlegiance, service,

revenue, or other benef its. It alm allowed the Crown to reserve land F

for special puposes. HO-, access to these Re- for industrial,

and other, uses, 0ccu1:red thmugh a cornplex and time ca isming pmceas

of alienation that was dependent ai the Cmunts need to defend its

territory, and mise revenue to defray the coste of defence, gcmmnent,

and local inproveaients. These findings shed new light the

121

awilability of land for industrial use, and urban expansion, in

nineteenth century Canadian citiee.

123

APPENDIX 1

125 APPENDIX 2

i ~ . , 4 or i re or sbill bc b l d for M estate of Inhaiitauce in fee simple, Wruratitm bc 80 vcated in such last mottioned Principal Secreirry ol Statc >s:n& ancl his Succeasors, in the s m e manner as if the fee simple , hm. thereof bad been originolly conveyed to such Principal Sccieiary

of Stote, as a Corporation sole, and his Successon, and os 10 a11 lands and oiher rra1 property purchalcd or held hi any l e s * estate than an estate of inlitritance in fee simple, as if the nome lands, henditrments and piopetty liad becn originally con- veyed, surrcndered, demised or otberwise asrured IO such Principal Secretary of Stsie, as o Corporatioit sole, and his Successon, for al! the existing estaies or iniqrests therein respectively, und so h m iime to time.

couuu,, ce, III. Al1 coniracis, covewinis and agwemenu heratoforc mode to cmiia& or entercd into by mp person or ersons whom~itver wiih iIie ."L b@ ~ i d Piinci pal Oliicen of ihe ~ r k a o c e , or rny p n o n or p r - *:~072 MW OD thelr behdf, os 10 or concerning i a lands orother teal t~Lci@i*ior- roperty verteci IU or a p e d to be purciascd by the is ià . wtlt ~ r h i p d Ofireta, or in ut w i r relatiog <O the Public Senice d of the Ordnance, ahdl bc cemed and taken IO bave betn made

or entered in10 witb such Principal Sectctary of State tu lasi taforesaid, aad rhall be erecutcd and enforced by bim In like mwner a i if be had originally k e n party tbemio inriend of ihe u i d Principal Officem of Ordnonce; and al1 proceedinga what-

'

-ri -ver which bava k e n or rnigbi or msy have k e n cornmenced, taten or done in the marnes of l e said Princi O5cen , on r! bebalf of Her Maje~ty, shdl mnd mm9 Iicrcefter commenced continued, taken and done in the nirna of such ~ r i n c i ~ a / Secretary of Siaie as aforesaid, in like manner (in tbe case of proceedin~a already commtnced, taken or dons) as if h t had ori nally beau p t t y therero insiead of the mid Principal 0 # cers of the Orânonce,

IV. All p w e n by the tentb section of the d d i n part rcciied h t ..en m Bodies Politic or Corponte, Eccleaiiaticd or Civil,

k. .i.. * Feo&ti or Tmatees for orhariidde or other public pnrpacs, :s'&A T ~ . I I U for Lir'e, mnd Tenanta LI Tail or in Substiiutioa, Hur- ii ~ V W .( th bauds, G t tud ioy Twteer, Commiaee8, Curatoq Tuton or pwy.ty A~torneys, r~sptcttvely t h e ~ I . meniiontd, îo coninct and agwe

for tbs absolute d e or cxcbuige of any such or oiher r t i l pro- pcic~-, or for the d e , gtmt or d e a w of any estate, right, title or internat tberein, or for tbe revenion themof afîer any errais for life or yuan or oiher contingent interest, or for any t e m of yuan themin, and IO convey, rurterrder, demise or grant rba mme accordiagly, sball continue in full force, and htreafter miy or ibill be exerckd or exercirble and be actcd under or t.Le efkct in fmvor or at the instance 01 the rrid Pririzipd Sectetmy of State for the ri- king, op behdf of Her srid Mmjeaty d for the Public Senice, in the rurit mumer aod ar effectnilly i s the 4 d p w e n are in and b iuch in part mcitcd Act f i v m or c-d or mide uaicimd" i. fwor or 11 the inamce of tbe u i d Principal OBicen for-tbc $ne being, oa

aohdî

Cap. 45.

: bebalf of lier aaid hfajcsiy or for the Public Service ; aiid d l O,hrg f cnaciments, dimctioas aud pmvisions iii the said in part recitet? ikysoft*

Act of the seventb year of the Reign of Her Majesty con- d ci ~a I tnlned, shill, witli m p c t Io a11 lands and other mal pmpeny mure in irrw

9 af lbr riid . wliich b ihis Act or ai any time af~er thc passing of thin *wuir. i Act a h d k verted in suob said Principal Secretary of State,

coniinuc in full force, and rnoy or shdl a i al1 rimes hereafter bc by ilic raid Principal Secreia of Sbte for the time king acted on and tnlic eflect, and s h z eaure or talis eBeci iii Iarur ' of and rnay be enforced by rueh said Principal Secreiriry of

,\ Sinic and his Siicceuon, on behdf of Her Mqeaiy a d b r the Piibljc Setvicc,

i ' 9

: : V. In cvery Contraci, Conveyance, Sunender, L a s e or other H , , ~ fi. 4

j Auumce of any lands or oiher red mpriy, ivith, unto or by k t r m r ~ œ a y . the u l d Principal Secretay of Staic E r ihc iime king, nad in & dncrrbrd

in il& relit. i evcry othcr Uecrl or Inmument mli~tiog IO any lands, herediia- i a l to aurh i menu,ertaies or m rty, or in any w i x 10 the Public Service, r < o p i r r u l

; 1 to w~iicli i~io r a b Fincipal Sec re iy or suie <or ihe iime n ~ h 4 i LL being *ull be or shall be intendcd IO be a pany it slidl be

, sufficLni to d l or describe bim bg the style or tih 01 u Her j 4 MajestyDr Principal Secrctary of State for the \Var Depanrncn~,~

witliout naming birn ; and eve such Contract, Conveyance, bw ,h f r Sunender, Leue, Auura~ce, riked or laritament may be du* % . i i execuced by rueh Principal Secmtaq of Suie, or by uiy other 2~~ @* . ! of Hcr Majest 'a Principal Secreia~ies of State lor the tirne t being, by ai4n{n6 hi8 name themo, and il the /narument ao

executed ba in tbe fom of a Deed by setiing or ilGxin a Seal tbereto and delireria(r the .ime as bis Deed; and wv%enerer m y Contract, Conveyaoce, Suncnder, Leose, Assurance, Deed or lnsirumentshall k executed by any otber Principal Secretaty of Statu, the Principal Sacreiary of State lo executiog the same, hall , for that aime saci on thai occasion and for the purpou8

, IO k Principal Scereiury of 8 t s a for the

Cap. 45.

w i t h tlie rights, me~nbers, errsemeiits and appurtcitaiiccs IO lt ie snme respectively bel nginl;,sliall, by virtue u f this Act, bi? and bc- corne and teinnin oad continue absoluicly vesicd i n l i e r hlajesty the Qiiecn, fat ihe beritfit, ilse and purposer o f ihis Province, accarding to the respective ~tniure and qiiality of the said lands

9 and oiher real property, and ahnll be siibjeci to the provisions t of the .ici passcd by tlle I.tgislotiire of this Province, in the

sl'xteenth year of the Rcign of Htt prcscnt hlajesty, intitulcd, . ~o ôo mat* i An Act 10 orntnil the L.tato$~ Ilie Scds aud Lccttlcntcrii o j the PuMic tes;$, Landr, and nny furthe, provisiom which ihc I rg i r l a lu re 04

139. this Province moy fmm rima i o time enact in reqwct ihereof, aud shall b t held, urcd, coweycd on4 dealt w i ih ~ccordiogly ; but $pbir .ubjcrt neveiihelesa tu n l l S d q Agreements, Leare or Leases,

ci=,, $ ri;- A~reernent qr -3 rcemcnis for Leure, i l read~ entercd inia, wi ihor c h r i *a by the ~ r i t i c i ~ a H ~ l f i e e r s of Ordnnnee, or any con ut person.

authorized or ernpowcrcd bv the aaid ~ r i n c i ~ a k c e r a ta crer- cise ibe powers and oui~,eRiies of <he said in pnn rtc i ted Act of the seveath veat o f the Reign of Hcr ptesent hlnjes~y, of or in respect o l nny such lands nad other real pmpercy.

Act, v , ~ , tl, VII. Pror ided elways, and be i c furiher enncted, That noihing m a i..OPlyto berein contafned s h d l be tokcn i o affect the rights of any parties

elainiinp any o f ihe lands, buildings or othet pmpeicy r e l e m d to in ~ l r a ne r t preceding secrion nad in I ha said wcond schedule and thit al1 actions nuw p n d i n g again* tIm said Pl incipi / Officers in relation ihcretn mny be procteded w i i h to f inal judgment in the name of the said P r i a c i p l Oficers, and ar i! the appointment o f the mid Princi al O k e r s had aot been revoked by H c r Majesty : uid i t .&U bu Imvful for Her Ma-

* . jeai 's Attorney Gencnil to appear in nny rucb c& on behaU o f d e Cmwn, and the Crown a d dl otbor rwnr what-ver

. mhdl k bound by ibc 6.4 judgment of the &art in which awb suit mry hava k e n cornmtnced.

* s

; d c d t w i i l i ris i s providcd w i i b r the said recited Act.

IX. W i t h respect IO al\ lands nad ni)icr mal pro iry com- R R I ~ ~e 1 ptircd in the second Schetlyle i o tbir Act annexeci wEcb by this r * r a m . , Act JdI bc vcsted i n Jfrr hJajerty ihe Queen for ~ h c benafit, ' : use and purposes of this Province, the said cccited Act o f the i sevenih p a r ofthe Reigli o f Lier prexnt l a j e s i and e v e y

1 claure, m a i a t and thing therein eonii i isd, rhill, and irn- . ; mediately alter thc p~wlng of this .+ci, bc mpaied, and the

* sarne i s anct are heteby repenled acconlingly. . ? THE FIRST SCHEDULE

R E ~ ~ R E D CO in this Aci, k i n g the Schedulo o f Mificary Lands in Canada, Io bc vested in one of l i e r BLnjmty's Principal

'Sccrctruy o f Sinte.

The Cliadcl of Quebec, Fo~if icai ionr, Glacies, Bnrmckr, i.onds siih the oppurte- ninces thereuii~o in an rnanner belunging, and I he ~ a n n c k s c a d t h e ~ e r u i t ~ a i m c k s , and the sevenl Public Ofices occupied for the vnrious Mil i tory putposcs, aiid al1 oiher nfi l i tary ptoperiics at ibat sioiion.

The Barracks, Public Offices Lands hcn- tolore heldorpurchased by the Ordnance for the erection o f Brrnacks or for the defence of the Province, together witb itie I dond of Saint I ielens i n the Rivet Saint Law- nnce, as hcrttofore held by the Principal Officen o f the Ordnance, for rarious Mili-

ses w i th iJm exception o f a t.?eePuoKui~ ai ~ o i i g o c u i i rwi b u &en purchucd f o i the pu of a de ponl, which ia IO k teta= unt i l am ode u a h q u o a t l t ~ o f luid ia aabstituied by % o Province in k a rhereof, in the viciait o f the pmjccltd Bridge a c m q the Saint Lawrence ; and .lm witb the excep tion oftheOld Barrocka ut hfontreal, which aie to be rctaintd unti l B a m c k s ahnll have been conaiructcd for tlic iccomrnoda- iioir of one ihouaaod men, on r siic to be approved by the Mi l i ia ry Authorities,

A l l ttic Mi l i ia ry IVorCa ow the east and mcst o f the Claibout and tbc lands conntct- cd witb thcm not naiaed in tbs Second Scbedule,

hdd. VIII. And wbenra in the l a i t Session of the Prov inc i i l Par-. l inment an Act was paaaed, intiiulcd, An Ad rcldin to the Old- Lan& Md N a d and Milirwy R o m in ifir Pr+ , since, d for o h pu osu, wberein ii is arnoog oiber t h i n p proridcd, thit the L a n X and R e r r r e a therrin mcniioned and refcncd io, &dl, i f ttansfcned to the Provincial Governmeni,

. be divided in îo three c las~cs dtnaminated A, B n n d C, rcs c- Olrr A t i re ly : Be i< therefoia eoicied, T h for i i i d ' n e i w i t h i t a n g g

'

any thing in the n id Act con~aincd, dl the land., buildii iga . end oibet pro r i included ia the fint schcdule io this Ac t .

. . pnnexed ibd l d;etucd IO be included in clam d of tbe aaid A c t ; and thar clam B o f the said Act sball be decrned. to consisr of rucb buildings o r pori iolu o f the h d a or oibcr popny in .

seûood rcrhcdub to tbw Act, as miy hom i ime to i ime be placcd in clam Bnbv u i ibo r i t r o f the Govctaor in Council : and; tbe

O

Fort h l i u i k g u a w i t h ita Glaciea a d &rnoider.$tbc lahi< buildiaaga and oiheu mprty ! * O m ' 1 piber appurirnailocs. in,,^. w m q b i o h e d d e . te ibis ~~i:.bdli bm clois c oiidci .

tba &d a o i u Ac1 ; rnd tbs .two - B , S O ~ ~ L - 9-Y - i The Banackr, Govemmsot Cotrage 4 'lind rcipuind for defance. .

A:, 2 i I ; ~ ' , ~ ~ ~ ; . 14. , THE

212 Cap. 15. & d m w Esîatu Staiuj-med. 19 V lei.

THE SECOND SCIIEDULE R ~ T E R ~ E D 10 in l l i i r r Act, bciog l l ic Scliedule of Bfilitrry Prolxrties io

Canada proposcd to ba transferred to the Provincial Govcrnmcnt.

BIRIIIIOR.. .................. ............. Sbon Hilb Fam. n ' ~ t 8 v . . . * ~ * ...............

i l - - . - - -

A. ( R. ! P. i I 1 , 2 1 I I ) $tock;i*led Barrack.

2 i 9 jl(arrack n id Fuel Tad. ! . . . . ,Sripnruiie, h n r i n and utber ap-

i pUrIeO8IICes* j i .!J 8airacLs.-Parcel of Lmd <or <&e d e p a 8 al *;uauii.-So aaon as i l uindiiwrii ui foith in ibs firsi Scbeduls shrll have

barraka rad Old Forc,

1 Blockhousa. ta Wooâ Yud, Commoa and Canal. 29 Stoiehouit and-Wharf. 39 FOIL . . Fuel Yard. . . Foi; Wellia~ton. 33 Oloehhools.

4 Lot 23 or Hetcbmer Faim. 10 Oon bstweaa 1- "3 a d 24. 31 r

.. Do.

I OJd F d Nos Barnab, Hwpiid &&uni SI. CIumcLi. CommUutiat Q ~ u t e ~ . S i o r a Coud bouu and Victoru S~UUI. . . Rcwnm Bor l io~oo ILigbir.

, , LOU S and 6 Con. Pelbrm. r Reaerva, Buwh d Horpihl.-

Al! e a u F m Btimiaqu& .. b.4...-& ..cap ll.8 ml, io rb. Poroki.n d th. H-ikoi I3ri.ù.

Renna. Buriek ad Sbrr

1

SECOND

,' if!56, O r d ~ n c e Eslafu 'Ito~wfmcd. CIP. 45,46, 2 f3 - SECOND SCHEDULE-Continwd,

................. .?J'ort htaiilaad Tiirkcy Point.. .............. LoaJon ........................ Chaiham.. .................. Bond Eau ................... ................ ! ........... Ambaniburg BoirUuic lrliul. 1

,Figh;ing Island. ............... :W tndinr .................... ...........

. I Pott Fdw ud Sunia.

Approxirnrto Dcscri tion oî Builtlingn or iuaotriy of Land. ! h h w Y Wob.

Fort, Block and Picke~ Houru.- Except as lowd by eurollcd Panrionari. .. Rwrrrre. . . Iiii'aotry Batrack.

Rcsarva-Erccpt laad mld Io Con- ;;rcton foi Lb. Gmud T runlt Rdilway. .. Rexrre. Do. ii Relarre and Birrrch.-Euemp4 ihrt bcatd by iorolled Pen- aiontn and u d e r liomw of ocoupation IO Major lo(il1. .. Rentre.

C A P . XLTI.

. Do* City d û t t a w r hrmuh, Bloch-

hoarcs and' Aâjuacir of îbi Crnab,

An Act to nmcnd the Act for the qualification of i l Jisticei o W e Peice. 1

!! [Assdd ta 19th Junr, 1858.]

HEREAS Her Majesty'a Juaticca OC the Peace in tb i r r-is, Province, wbo are now rcquitcd to posrcsr a ptopetty

sder inconvenienca in coriscquence o f king the oath of qualification on the oefuion o f the Commission of the Pe*ca for the Territorial Province for rbicli such lusticea n i y bave

qudified themaclvca to i c t : For remcdy tbemof, lier hlajcrty,

' { by and ai& the dvicc and conwnt od the Lcgirl.<ive Counoil and Aaseinbly d Cuirda, enacta u fqUowr :

CHAP. 8. L

~ ~ y y w a. TL. r i d ~.odi k ar idd by the & A o r iu - Oo~ncil inta two al- to IBO dsnomlnated mpmt i rs l~ , 1 am oiie and Olnu two.

' . Y

O. Olma Lwo ahdl o o u U of mncb p r t m of the wid Irad. u_ru ir miy mot be iu O l w one. . .

with the pn- 1.-i m u w p w .

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