THE ADVOCATE 433
VOL. 77 PART 3 MAY 2019
One day, Gardner got a call from the front desk that two of his relatives from
England were in town and had dropped in to say hello. Gardner said to bring
them down to the office. The office was small, room only for two small desks
and a couple of chairs in front of Gardner’s desk for witnesses. In the corner
was a small standalone armoire, big enough only for a few winter coats.
Just before the cousins were shown into their office, Jim climbed into the
armoire, which barely held his six-foot, four-inch frame, and closed the door.
In came the relatives, and sat on the two modest chairs in front of Gardner.
There they chatted for about ten minutes with Bob, trading stories of various
aunts and cousins. After about ten minutes, the door to this little armoire suddenly
opened, and out stepped Jim, and without a word walked past the two
cousins, out the open door of the office and disappeared. He had left the door
of the armoire open, so the two English relatives could see what was inside this
little armoire. Nothing.
Gardner never broke stride, just kept chatting, and never offered any explanation.
Meanwhile, the English relatives kept nervously glancing over at the
empty armoire, but were far too polite to ask the naughty Gardner what that
was all about.
We were lucky to have Jim as our friend, always nearby if we needed him.
Alison MacLennan, Q.C.:
On July 7, 1976, I became Hogan’s articled student. He was fearless, with
He was the best of the profession.
It was my great privilege to work with him especially as a junior on criminal
jury trials. Hogan understood human behaviour with a sophistication and
wisdom that played out in the courtroom. Winning an acquittal can be about
a moment seized. He was the master of those moments. He knew instinctively
which path to go down as he cross examined—more questions, a change of
tone, an apparent disinterest, or simply saying “a-ha” while simultaneously
mapping his submissions to the jury. It was a “lawyer high” to observe as he
wove the evidence and the law for the jury.
When articling, I juniored Jim in a jury trial before Mr. Justice Dryer, a fine
judge with a very stern demeanor. After the jury delivered its verdict, as was
the practice, he invited “counsel” to his chambers. It was clear to me that I was
not invited. Hogan disagreed. He pointed to previous trials when I had accompanied
him and insisted that I was expected. I knew otherwise. On arrival, we
were invited by his lordship to enter. The only woman, I was first through the
door. Emerging down the steps from his bathroom at that moment, his shirt