142 THE ADVOCATE
VOL. 77 PART 1 JANUARY 2019
Peter was the closest thing to Jacob—the closest thing to a true proceduralist—
British Columbia has ever had. I say that without intending to diminish
the important contributions John Horn, later Master Horn, made to our
understanding of the process that drove disputes toward resolution at court.
Over the years, at least when he wasn’t a judicial officer, John used to call
or write me with the most interesting practice questions, for many of which
there was no evident answer.
Peter Fraser was the only Canadian lawyer I know who was able to
arrange to live in Los Angeles while writing part of a draft of an important
textbook. That draft evolved into what became known as “Fraser and Horn”,
although its true title was, and is, The Conduct of Civil Litigation in British
Columbia.11 In time, Peter became a judge of the Supreme Court of British
Columbia where, as expected, he out-procedured everyone, except his coauthor.
I used to see Peter at an annual Christmas party in Southlands. I
never knew him well enough to think him other than unusually reserved.
He died tragically in 2007.
I happened to be in England in June 1979, just as my year at UBC began.
In London, I visited Herb Weitzel, who was finishing up his LL.M. I knew
Herb from law school where we’d played hockey together. One of his
courses at University College London was Principles of Civil Litigation. Sir
Jack was the instructor. The CBA had by then approved our bringing Jacob
over if the arrangements could be made. Herbie (as he was invariably
called, at least until, years later, he was appointed as a provincial court
judge) offered to introduce me to our prospective guest. So, late one afternoon,
I crashed a Jacob lecture and, when it ended, was duly introduced to
our target, and I proposed the visit. A week later, I returned to B.C. with his
acceptance, his only condition being that his wife, Lady Jacob, should be
permitted to accompany him at the CBA’s expense. Lady Jacob proved to be
a most pleasant visitor to B.C. Because her husband was very well known in
the U.K. and Europe (and even in Ontario), she was used to all the attention
he received. In England, Sir Jack was only one or two rungs down the ladder
from rock star, having been appointed Queen’s Counsel and having
been knighted for his significant public interest work in the field of civil justice
he had cleared and planted and was watching over. While in B.C., Jacob
was on holiday from the discharge of his duties as Senior Master of the High
Court and also from his ceremonial responsibilities as Queen’s Remembrancer,
a position, having largely to do with the exchequer, which
Wikipedia tells me was created by Henry II in 1154.
Lady Jacob was a tiny woman, although only a little smaller than her husband.
They were a typical English couple, bred to be considerate, and all