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 Tribunal Practice
and Procedure
Kandace Bond Wileman, Rochelle Ivri,
Liz Nastasi & Deborah Pressman

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Practice and Procedure
 © 2018 Emond Montgomery Publications. All Rights Reserved.

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Practice and Procedure
 BRIEF CONTENTS

Detailed Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xv
Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xix
About the Authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xxi

1 Understanding the Tribunal Landscape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2 Human Rights Tribunal of Ontario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3 Ontario Landlord and Tenant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

4 Social Benefits Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

5 Criminal Injuries Compensation Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

6 Local Planning Appeal Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

7 Assessment Review Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

8 The Licence Appeal Tribunal and Automobile Accident

Benefits Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157

9 Ontario Labour Relations Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

10 Workplace Safety and Insurance Board/Workplace Safety

and Insurance Appeal Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229

11 Law Society Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255

12 Canadian Human Rights Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277

13 Social Security Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295

14 Immigration and Refugee Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317

Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369

© 2018 Emond Montgomery Publications. All Rights Reserved. v

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Practice and Procedure
 © 2018 Emond Montgomery Publications. All Rights Reserved.

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Practice and Procedure
 DETAILED CONTENTS

Brief Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
Detailed Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xv
Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xix
About the Authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xxi

1 Understanding the Tribunal Landscape

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Ontario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Clusters: The New Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Independence and Accountability in Non-Clustered Tribunals . . . . . . . . . . . . . 11
Transparency Concerns in Ontario Tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Statutory Powers Procedure Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
The Adjudicator’s Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Federal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Federal Governance and Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

2 Human Rights Tribunal of Ontario

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Preliminary Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Decisions, Reconsideration, and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

© 2018 Emond Montgomery Publications. All Rights Reserved. vii

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Practice and Procedure
 viii DETAILED CONTENTS

Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Scenario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

3 Ontario Landlord and Tenant Board

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Decisions, Reconsideration/Review, Enforcement, and Appeals . . . . . . . . . . . . . 62
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Scenario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

4 Social Benefits Tribunal

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Ontario Works Act, 1997 and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Ontario Disability Support Program Act, 1997 and Regulations . . . . . . . . . . . . . 71
Tranchemontagne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Rules of Procedure and Practice Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Ontario Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Ontario Disability Support Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Overpayments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Director’s Decisions, Internal Reviews, and Appeals to the Tribunal . . . . . . . . . . 79
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Written Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Oral Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Decisions, Reconsiderations, and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
© 2018 Emond Montgomery Publications. All Rights Reserved.

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Practice and Procedure
 DETAILED CONTENTS ix

5 Criminal Injuries Compensation Board

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Decisions, Reconsiderations, and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Other Notable Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

6 Local Planning Appeal Tribunal

History and Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Expropriation Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Decisions, Reconsideration, and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Scenario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

7 Assessment Review Board

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Assessment Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Tax Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
General Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Summary Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Adjournments and Mandatory Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Streaming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Settlement Conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
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Decisions, Reconsiderations, and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156

8 The Licence Appeal Tribunal and Automobile Accident

Benefits Service
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Licence Appeal Tribunal General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
LAT AABS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
What Types of Benefits Are Available? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
The Insurance Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
The SABS—Statutory Accident Benefits Schedule . . . . . . . . . . . . . . . . . . . . . . . . 161
LAT Common Rules of Practice and Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Superintendent’s and Commissioner’s Guidelines—Auto Insurance SABs . . . 163
Decisions and Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
The AABS Dispute Resolution Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Filing an AABS Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Two-Year Limitation Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Filing an AABS Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Preliminary Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
The Case Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
How Do I Ask for an Adjournment? (Rule 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Withdrawing an Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
What Is a Motion? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
The Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Expert Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
After the Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
After the Decision: What If My Client Did Not Get the Remedy
He or She Was Seeking at the Hearing? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Limitation Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Limitation Defences and Section 7 of the LAT Act . . . . . . . . . . . . . . . . . . . . . . . . . 179
Technical Non-Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Section 55 Defences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

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Definition of “Insured Person” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

Exclusion Defences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Repayment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
The Minor Injury Guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Chronic Pain and the Minor Injury Guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
IRB Disability Test—Post 104 weeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
NEB Disability Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Reasonable and Necessary Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Section 10 Ontario Regulation 664 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Scenario 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Scenario 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Scenario 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

9 Ontario Labour Relations Board

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
Decisions, Reconsiderations, Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209

10 Workplace Safety and Insurance Board/Workplace

Safety and Insurance Appeal Tribunal
Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
Authority and Jurisdiction of the WSIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Who Is Covered Under the WSIA? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Administration and Adjudication by WSIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Appealing a WSIB Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233

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The Workplace Safety and Insurance Appeals Tribunal . . . . . . . . . . . . . . . . . . . . . . 234

Legislation, Regulations, and Other Sources Relevant to WSIB and WSIAT . . . 235
The Right to Sue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
The Legislative Frameworks and Recent Amendment . . . . . . . . . . . . . . . . . . . . . 236
Relevant Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Disputes at WSIB and WSIAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Appearing Before the Workplace Safety and Insurance Appeals Tribunal . . . . 241
Starting the Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Confirmation of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Pre-Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
Expert Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Decisions, Reconsideration, and Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Scenario 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Scenario 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Scenario 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253

11 Law Society Tribunal

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
The Hearing Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
The Appeal Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Application Process: Hearing Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Hearing Process: Hearing Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
Decisions, Reconsiderations, and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276

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12 Canadian Human Rights Tribunal

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Initiating an Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Mediation/Mediation-Adjudication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
The Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
Decision, Reconsideration, and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
Scenario . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293

13 Social Security Tribunal

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296

Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Decisions and Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316

14 Immigration and Refugee Board

Overview and History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
Legislation and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
Initiating an Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
Immigration Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
Refugee Protection Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
Hearing Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
Immigration Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
Refugee Protection Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
Admissibility Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
Detention Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
Refugee Protection Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

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 xiv DETAILED CONTENTS

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
Immigration Appeal Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
Refugee Appeal Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
Federal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
Case Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
Key Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
Key Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Review Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Scenarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369

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 PREFACE

We are thrilled that you have chosen Tribunal Practice and Procedure as a
resource for your learning. This text is not only the first edition but also the
first of its kind to be available to the current population of teachers, students,
and new practitioners. Our team is excited about advancing the teaching of
tribunal practice, filling the void in learning resources, and equipping you
with the materials that will help you navigate and succeed in your course and
in your early practice.
After you have read the introduction, each chapter will then give you an
in-depth look into a specific tribunal, covering its history, applicable legisla-
tion, procedural rules, hearing and appeal processes, and key cases. Addi-
tional tools at the end of each chapter, including case scenarios and review
questions, will further your learning. At the time of writing, all cases and leg-
islation was current. Please check the text’s website for any updates at www.
emond.ca/tribunal.
To our student audience, we hope that you enjoy your course and embrace
this text as a hands-on guide to the tribunals that you are most likely to encoun-
ter in your practice. To our teaching audience, we trust that this resource will
provide you with dynamic material to meet your students’ needs as you equip
them for life in practice. To our professional audience, we hope that this resource
serves as a practical, on-the-go guide to assist you in your practice.
Chapter 1 introduces to the tribunal landscape. It lays the framework for
understanding why tribunals were created and covers such topics as the
appointment of tribunal members, key rules of practice for paralegals, tribunal
clusters, independence and accountability, the Statutory Powers Procedure Act,
and the distinctions between provincial or territorial and federal jurisdictions.
Chapter 2 covers the Human Rights Tribunal of Ontario and introduces the
evolution of human rights in Ontario. Readers gain a firm understanding of
the Ontario Human Rights Code, prohibited grounds, and prohibited areas of
discrimination. Along with learning about the initiating, hearing, and appeal
processes, readers are introduced to cases that are important to human rights
law in Ontario. Notably, a review of OHRC v Ontario (Community Safety and
Correctional Services) is included, which provides guidance on the use of seg-
regation in Ontario detention centres as it relates to mental health.
Chapter 3 discusses Ontario’s Landlord and Tenant Board. In addition to
providing historical context for the landlord and tenant law in Ontario, this
chapter takes a broad view of the entire process before the board. Charts
outlining the notice type, notice periods, termination dates, and fees are pro-
vided for ease of reference.

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 xvi PREFACE

Chapter 4 focuses on the Social Benefits Tribunal, walking readers through

both the Ontario Works and Ontario Disability Support Program regimes,
which underpin this tribunal’s jurisdiction. A focused study of the Tranchemo-
ntagne case, a precedent-setting decision that highlights the intricacies of the
appeal processes, is included.
The often overlooked Criminal Injuries Compensation Board is high-
lighted in Chapter 5. It is one of the eight tribunals that make up the Social
Justice Tribunals Ontario cluster. Key cases, such as Pitters and Sweet are dis-
cussed in the wider context of the book.
Chapter 6 begins with a historical framework for one of Ontario’s newest
tribunals, the Local Planning Appeal Tribunal (LPAT). The LPAT was created
in 2018 to replace the Ontario Municipal Board (OMB) and its work relates to
everyday life in many ways. This chapter will increase readers’ awareness of
those ways. Readers are provided with information regarding process and
procedure before the LPAT, and case law from the OMB is provided to
enhance learning and understanding.
Chapter 7 covers the Assessment Review Board (ARB), which is a part of
the Environmental Land Tribunals Ontario cluster. The ARB operates with
more complexity than some of the other tribunals discussed in this text. Read-
ers gain a greater understanding of the property tax assessment process, iden-
tify the legislation that empowers the ARB, and learn how the Rules of
Practice and Procedure streamline hearings into different types of appeals
and hearing processes.
Chapter 8 focuses on the Licence Appeal Tribunal­—specifically disputes
under the Statutory Accident Benefits Schedule (SABS). These disputes were
previously under the jurisdiction of the Financial Services Commission of
Ontario. As of April 1, 2016, the Licence Appeal Tribunal assumed responsi-
bility for accident benefits disputes under the SABS. This chapter sets out the
key practices, procedure, and case law to assist readers in appearing before the
tribunal.
The Ontario Labour Relations Board (OLRB) and its effective functioning
pattern as a tribunal with deep historical roots is the focus of Chapter 9.
Numerous changes to its structure and legislative regime over its many years
of existence have matured the OLRB into a high-functioning board.
Chapter 10 covers workplace safety and insurance in Ontario, commonly
referred to as “workers’ compensation,” and disputes under the Workplace
Safety and Insurance Act, 1997 (WSIA) before the Workplace and Insurance
Board (WSIB) and Workplace Safety and Insurance Appeals Tribunal
(WSIAT). The chapter sets out the key benefits available to injured workers
and the legislation, procedures, and case law that will assist paralegals appear-
ing before the tribunal.
Chapter 11 discusses the practices of the Law Society Tribunal (LST),
which hears professional regulation matters pertaining to lawyers and para­
legals in Ontario. The LST, though created by the Law Society of Ontario
(LSO), is independent from it. In addition to revealing the legislative

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 PREFACE xvii

framework and rules that govern the hearing process, this chapter looks at the
types of proceedings before the LSO.
Chapter 12 is about the Canadian Human Rights Tribunal (CHRT) and is
the first of three chapters that discuss federal tribunals. The chapter provides
insight into what distinguishes the CHRT from its provincial or territorial
counterparts and identifies the jurisdiction of the CHRT and federal prohib-
ited grounds of discrimination. This chapter discusses Jordan’s Principle and
the 2016 CHRT decision relating to the discriminatory child welfare practices
of the federal government in Canada’s Indigenous communities.
Chapter 13 highlights one prominent federal tribunal, the Social Security
Tribunal, that has undergone recent restructuring. It discusses the birth of the
tribunal, including some early challenges and plans for development. Distinc-
tions between the different divisions and sections are covered.
Chapter 14 is a robust chapter that covers all four tribunals under the
Immigration and Refugee Board (IRB). Immigration is a popular area of prac-
tice, and this chapter clarifies the scope of practice for paralegals. It also pro-
vides a discussion of the Singh case and explains how the IRB came to be. The
jurisdiction of the board, the refugee determination process, and the grounds
of inadmissibility are laid out. Additionally, this chapter discusses Brown v
Canada, a 2017 decision related to the constitutionality of the current immi-
gration detention scheme.

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 © 2018 Emond Montgomery Publications. All Rights Reserved.

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Practice and Procedure
 ACKNOWLEDGMENTS

The authors and publisher would like to thank the reviewers of the text: Bar-
bara Moyle, Fleming College; Kent Peel, Seneca College; Tamra Alexander,
Algonquin College; Jasteena Dhillon, Humber College; and Emma Sims, Fan-
shawe College.
From Kandace
I wish to express a huge thanks to Lindsay Sutherland, who united us all and
kept us on track throughout this process. Special thanks also to Darryl Kamo,
Dawn Hunter, and Laura Bast for your editorial and production skills, which
helped propel this project into its final version. This entire work could not have
been completed without the commitment and passion of my co-­authors
Rochelle Ivri, Deborah Pressman, and Liz Nastasi, whose countless hours of
work have helped make this textbook a top-quality resource. I want to thank
all of my colleagues at Durham College, who have given their utmost support
and encouragement. Finally, I can’t give enough gratitude to the family and
friends who have walked with me throughout this process, cheering me on
and propelling me forward.
From Rochelle
I would like to thank Lindsay Sutherland, who provided such wonderful com-
passion and support during a very difficult time and who kept us all on course
to produce an awesome and much-needed resource. I would be remiss to not
also sincerely thank Darryl Kamo, Dawn Hunter, and Laura Bast who worked
patiently and tirelessly to bring this project come to fruition. To my co-au-
thors, Kandace, Deborah, and Liz, I cannot thank you enough for being on
this journey with me. We have done something amazing and I am truly grate-
ful to have been a part of it! I want to also send sincere thanks to my colleagues
and students at Mohawk College whose support, enthusiasm, and encourage-
ment through this entire process has not gone unnoticed. Last, but certainly
not the least, I would like to express my heartfelt gratitude to my family and
friends who were literally the wind beneath my wings. Thank you for keeping
me focused, encouraged, and steadfast.
From Deborah
Thank you to Stephanie Abrahams for her help with Chapter 10.

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 © 2018 Emond Montgomery Publications. All Rights Reserved.

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Practice and Procedure
 ABOUT THE AUTHORS

Kandace Bond Wileman

Kandace Bond Wileman (BA Hons, LLB) is a professor with the School of Jus-
tice and Emergency Services at Durham College, where she teaches tribunal
practice and procedure, legal research and writing, introduction to the Cana-
dian legal system, contracts, and torts. Before teaching, Kandace practised
poverty law at legal clinics in Ontario and acted as review counsel for a student
legal clinic established at Durham College, the first of its kind in the province.
Kandace obtained her undergraduate degree in political science and history
(double major) from York University. She studied law both abroad (University
of Leicester, UK) and at home in Ontario (University of Windsor). Kandace’s
passions are advocating for the underdog, the advancement of mental health
awareness, and Canadian legal history and constitutional studies.

Rochelle Ivri
Rochelle Ivri (BA Hons) is a Canadian citizenship judge and paralegal profes-
sor with the McKeil School of Business at Mohawk College where she teaches
administrative law, tribunal practice and procedure, residential and landlord
tenant law, and alternative dispute resolution. Rochelle is a paralegal and
immigration consultant licensed with the Law Society of Ontario and the
Immigration Consultants of Canada Regulatory Council (ICCRC). She is also
a former member of the Discipline, Appeal, and Review Committee of the
ICCRC and spent eight years on the Council of the College of Midwives of
Ontario. Before teaching, Rochelle worked with the federal courts and Immi-
gration and Refugee Board, and coordinated a restorative justice diversion
program for the Ministry of the Attorney General. Rochelle received an
undergraduate degree in criminology (with a minor in forensic anthropology)
from the University of Windsor and a postgraduate certificate in alternative
dispute resolution from York University. Rochelle enjoys spending time with
her family and is passionate about the Charter and human rights law.

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Other documents randomly have
different content
 Latreille further divides the various groups as follows; and although
English authors have made many changes, the alterations are of such
doubtful utility that the original classification will be retained.
The first class is that of insects without wings, such as the thysanura, or
those having a bushy tail, which are mandibulate. Parasites or lice, and
fleas, both of which are suctional, the last having a metamorphose, but the
first two not. All others have wings, but the second class includes those that
have a hard covering or case, called an elytron, over their wings; the
beetles, which have a horny wing cover and perfect metamorphose; the
dermoptera, which have a horny wing cover but an imperfect
metamorphose; the orthoptera, or straight-winged insects, their wings
folding longitudinally, and having a leathery cover—all of which are
mandibulate; and the hemiptera, which have the wings half leathery and
half membranous, and the mouth suctorial, and in both of the latter the
metamorphose is imperfect. In the third class the wings are naked and alike;
it includes the neuroptera, or nerve-winged insects, in which the veins of
the wings are like a net; the hymenoptera, the wings being membranous,
and veined lengthwise—both families being mandibulate; the lepidoptera,
or scale-winged insects, having delicate scales on the wings—this order is
suctorial, and the entire three orders have four wings; the rhipiptera, which
are mandibulate and have two balances or halteres before the wings which
close like a fan, whence their name is derived, and the diptera, which have
two halteres behind the wings—in these families there are only two wings.
The orthoptera include, as familiar examples, cockroaches, crickets,
katydids, and grasshoppers; the neuroptera white ants, May-flies, caddis-
flies, dragon-flies or devil’s darning needles, and hoodlbugs; the
hymenoptera common ants, wasps and bees; the lepidoptera butterflies,
moths, silk-worms, and humming-birds; the hemiptera plant lice,
cochineals, and locusts; the diptera mosquitoes, house-flies, horse-flies, and
bot-flies.
The order hemiptera is frequently divided into two, according as the
wings are of a uniform texture, homoptera, or of a varied texture,
heteroptera; the lepidoptera are divided into three classes—those that fly by
day, and generally have the antennæ knobbed; those that fly in the twilight
and have the antennæ thickened, and those that are nocturnal and have the
antennæ slender. The English writers have transposed the families grillidæ
and locustidæ to suit the popular translation of the Scriptures, and have
introduced a separate order called trichoptera.
As they are principally minute objects, wise men wisely concluded the
deficiency should be made up in length of name, and but one class appears
under the weight of less than four syllables. The families composing these
orders are almost innumerable, and only those that are allied to the subject
in hand can even be mentioned. Amateur entomologists prefer the
coleoptera for their beauty and variety, and collections of insects are mainly
composed of brilliant, gaudy and wondrous beetles, varying in size from the
giant, as large as the pretty fist of one of the reader’s little female
acquaintances, to the pigmy that is hardly perceptible to the eye. There is
the beautiful and useful lady-bird, the wonderful lightning-bug, the elephant
beetle with trunk and tusks, the hercules with stout heavy limbs, the palm
weevil, whose disgusting grubs are eaten as delicacies by the deluded
people of St. Domingo, and many other dangerous looking fellows with
long sharp snouts that are really harmless, and innocent looking fellows that
are really dangerous. The fly-fisher, however, relies for his pleasure mainly
upon his imitations of the neuroptera and diptera, and not so much upon the
coleoptera.
The young of the insect tribe, when it issues from the shell in the shape
of a worm, is known as the larva, although the larvæ of some butterflies are
called caterpillars, and of certain flies maggots. When the larva begins its
metamorphose it is named a pupa or chrysalis, and the covering with which
it surrounds itself a pupa-case or cocoon. It then undergoes a wonderful
change, becoming the full-formed insect or imago—the ugly worm, that a
short time previous had surrounded itself with a silken cocoon, bursting its
case and flying off a gay, attractive and resplendent butterfly. From
crawling meanly over the ground or the foliage, leaving a slimy streak
behind, or horrible with a greenish smooth body and clinging feet, or
disgusting with innumerable bristles, it soars away, its gay plumage
glittering in the sunlight as it flits from flower to flower, the envy and
admiration of the human female sex. How much is there not in beauty!
Many insects live for years as worms, and but a few hours in their
perfect state. The ephemeræ, so called from appearing in the morning and
dying before night, often do not reach half that age, although if the sexes
are separated they will sometimes attain the great age of several weeks.
They may be regarded as sacrificing their lives for the tender passion. They
cover our waters in Summer, warmed into existence by the sun’s rays,
flitting in a graceful but inefficient way from place to place, or floating
calmly upon the surface, dropping back into nonentity with the departing
sunlight. They are sometimes, especially in the southern country, quite
large, and include what among fishermen are known as the May flies.
In some classes the change from the larva is not so remarkable, the
worm having much of the appearance, and many of the distinctive marks of
the perfect fly, as for example the bee; in these the metamorphose is said to
be imperfect. The eyes of insects are either compound, composed of
numerous lenses, amounting in certain butterflies to thirty thousand, or
simple, called stemmata, the latter alone being found in the larvæ, although
in some of the beetles the larvæ have eyes in the head and tail both. They
are often long in maturing; one species of locust, as is well known, remains
seventeen years before coming to perfection, and many other families
continue several years as larvæ. Some of the larvæ live in the earth, some in
wood, and others under water; some hide themselves in a cocoon ere their
metamorphose is effected, others build houses of stones or sticks, others
have no protection; but all are wonderful. One swims upon the water,
another walks upon its surface, a third crawls along at the bottom, although
the majority live upon dry land. In defence they use a sting, simulate death,
eject a poisonous liquid, or emit an offensive smell. The eggs mature in the
running or stagnant water, in the ground, in the limbs of trees, in the foliage
and stems, or in the fruit. Grasshoppers in the East, grubs among savages,
snails among Frenchmen, ants among Brazilians, locusts among prophets,
and, if all reports are true, certain minute parasites among Italians, have
furnished pleasing and nutritious food.
But of all the marvels of insect life, that which is least consonant with
nature and least credible to human understanding, is the fact that they
appear spontaneously. “Why should a few drops of rain in a dusty road
produce animalculæ never seen before? Why should a little permanent dirt
originate two distinct parasites, according as
 WEAK FISH (Otolithus Regalis).

it accumulates on the head or body? Why should new insects year after year
make a perpetually changing warfare against the farmer’s crops in gradation
with the exhaustion of the soil? Why should the Hessians bring the Hessian
fly, or vice versa, as you please? And a great many other Whys which never
have been and never will be answered till the “heavens shall be rolled up as
a scroll.”
Insects feed voraciously on leaves, vegetables, fruit, on human blood—
sad to relate—and fortunately on one another. Mosquitoes, thank Heaven,
have parasites that cling to the delicate rings of their bodies, stinging the
arch-stinger, and inflicting by their venomous bites the same agonies the
sufferers inflict on others. It is to be hoped those gentlemen will increase
and multiply, and after exterminating mosquitoes may pay their addresses to
the black gnats. Certain families, especially of the coleoptera, emit a
species of phosphorescent light in the dark, occasionally light enough to
read by. The majority of insects have wings, but many have not, and in
some only one gender is winged. A few kinds, such as the locusts, katydids,
crickets, death-ticks, emit sounds, to which man’s sympathies have added
either a pleasant or painful association, and produce these peculiar cries
generally by rubbing the wings or some part of the body. The wings of
insects do not exceed four, and are often limited to two; their legs are six;
some have antennæ or feelers, others long whisks from their tails.
The neuroptera, or net-winged insects, florfliegen, gauze-flies, as they
are called by the Germans, include the principal pets of the fly-fisher. Their
bodies are long, tapering and delicate; their wings, four, almost transparent
and marked with net-like veins. They keep in continual motion for the
purpose of catching smaller insects, on which they mainly feed, and
generally deposit their eggs in the water, where the grubs live from one to
two years on plants or other insects.
That most fearful looking, but really harmless and beneficent creature,
the devil’s darning-needle, or dragon-fly, libellula, is a remarkable
specimen of this family. They are called demoiselles by the French,
wasserjunfern, water-virgins by the Germans; but, in spite of these pretty
appellations, are the tyrants of the surface of the ponds; they seize and tear
to pieces all other insects, including butterflies and mosquitoes, and will
clear a house of the common fly. They are cruel, rapacious and insatiable,
and I do not know of their ever being used as bait for trout.
The phryganea, or water-moth, is one of the favorites of the fly-fisher.
Its grubs surround themselves with a case formed of wood or grass, and are
used by him as bait under the name of caddis-worms. They are the favorite
food of the trout in early spring. But the ephemeridæ include most of the
specimens imitated by the fisherman. The larvæ of these live in the water,
for one or more years, and then, swimming to the surface, suddenly change
into winged insects, delicate and beautiful. They sometimes appear in
myriads, their dead bodies covering the water. A few make a second change
after flying about for a time, and crawl out of their skins once more, leaving
their old clothes, to all appearance perfect, sticking to a tree or fence. On
their first appearance they are said to be in the pseudimago state, and to
them the name duns is applied by the fly-fisher; when they change to the
imago or perfect fly, they are called piscatorially spinners. There are
exceptions to this uniformity, as with the May-flies; the green drake is the
pseudimago, and the grey drake the imago.
The phryganidæ and ephemeridæ are easily distinguished; in the former
the wings lie close along the back, projecting beyond the body; the antennæ
or feelers are long, and there are no whisks; in the latter the wings stand
upright from the body like a butterfly’s, the antennæ are very short, and
there are two, or occasionally three, long delicate whisks.
The phryganidæ attach their eggs to the foliage overhanging the water,
whence upon hatching the larvæ fall, and immediately proceed to construct,
of twigs or gravel, miniature houses like a snail’s shell, where they reside in
peace and safety. These cases are lined with silk, spun from the insect’s
mouth, and are so light as not seriously to impede its swimming and
rambling in search of food, and being open at both ends, allow him a view
of the outside world. The larvæ live mainly on aquatic plants, and when the
proper time arrives, they close the ends of their houses with a species of
grating, and commence the dormant state of the pupa. In this they remain a
few days, and then emerging from their case, they ascend to the surface,
burst their skin, and fly away in their perfect state of beauty.
The ephemeridæ deposit their eggs in the water, where they soon hatch,
and where the grub, which lives usually on clay or vegetable matter, resides,
occasionally for several years, hiding under stones or in holes in the mud. It
then becomes a pupa, and after accomplishing its time, rises to the surface,
throws off its skin, and flies away, bearing the name of dun; it shortly
alights on a tree or fence, and sheds its entire skin, withdrawing even its
delicate wings and minute whisks from their previous covering. Its colors in
the second stage are usually more brilliant, and under the name spinner it
enjoys the pleasures of life, perpetuates its species and dies in a few hours.
While laying its eggs, it will be noticed either resting on the water or
floating up and down over it. Certain species can swim well under water,
and I believe descend to the bottom to deposit their eggs. I have had
numbers alight on my pants when I was wading a rapid stream, run down
my legs to the bottom, crawl over the stones, and with a zig-zag motion
swim against the current to the surface. Rocks are frequently seen darkened
with flies, that on any sudden approach drop into the water and disappear.
The ephemeridæ include the blue dun, which becomes the red spinner in
its final state; the marsh brown, which changes to the great red spinner; the
turkey brown, that is transformed into the little dark spinner; the iron blue
dun, that becomes the jenny spinner; the green and grey drakes, the July and
August duns, and many others. The phryganidæ comprise the sand and
cinnamon flies and the grannom or green-tail, besides many undescribed.
Of the diptera, which are distinguished by having but two wings, we have
the cowdung-fly, the golden dun midge, and the black gnat; of the beetles,
the peacock and fern flies and marlow buzz; of the hymenoptera, the red ant
and orange-fly; and occasionally crickets and grasshoppers are imitated.
These are a few, and but a few, of the beautiful insects that sport around
or upon our lovely lakes and streams; the advancing heat of Spring warms
them into life; they burst forth, enchanting man with their beauty, and gaily
pass a few days or hours, surrounded by innumerable dangers, which they
seem never to heed. One kind succeeds another as the summer advances,
usually the more gaudy during the greatest heat, till they crowd the ponds,
the air, the bushes with indescribable brilliancy. I have seen, toward
evening, yellow sallies appear in myriads, their dead bodies literally
covering the water; and in the St. Lawrence rivers, dead eel-flies lie in such
masses as to give the effect of sea-weed.
It is very desirable that fishermen should, for their own sakes as well as
the sake of science, pay more attention to the habits and peculiarities of
these insects. The study of nature in its minute productions is wonderful;
the observations of individuals combined is of great value, and adds
immensely to the general store of knowledge; something more would be
effected than the mere pleasure of taking a large mess, and the reproach of
idleness removed from our enjoyments. To be sure, the men of science, by
the use of ridiculous foreign names and the confounding of a confused and
worthless system, have done all they can to discourage such an undertaking
and repel such aid; but every one can note the peculiarities that are
heretofore mentioned, can even readily preserve a specimen and mark the
times and manner of their appearance and the length of their duration, and
though he may fail to obtain the scientific name, can determine the species
and ascertain the habits of a few members of the most wonderful, intricate,
and interesting portion of the creation.
 CHAPTER XXIX.

CAMP LIFE.

One of the most important matters that demand the sportsman’s

attention, is the equipment he should take with him to make his life in the
woods pleasant. He will have many annoyances and even hardships to
encounter, and should be as well prepared to meet them as circumstances
will permit. The following directions are founded upon the idea he intends
to retire to the wilderness, far from the abode of man, where he will have to
trust for his support to his own exertions, and although many of them may
seem superfluous, and to the robust may savor of effeminacy, to those who
desire real comfort they will prove acceptable.
The great pest of the wild woods is—not tigers nor panthers, not bears
nor wolves, not even snakes—but something far smaller but infinitely more
terrible—the Black Fly! If it were possible for the uninitiated to conceive
or the pen to describe the horrors conveyed in these words, I should
endeavor to record them. Think of the rack, the boot, the thumb-screw, the
wheel; think of being rent asunder by wild horses, or torn in bits with hot
pincers; think of the tortures of the inquisition, or the cruel fanaticism of
India, and smile; they do not compare with the black fly. When mosquitoes
hover round you day and night, when they fill the air you breathe and
deafen your ears with their hum, when your hands, face and body are
covered with itching lumps, it is hard to bear. But mosquitoes are
comparatively quiet in the sun-light, and are partially affected by smoke;
they can be influenced by a smudge, can be frightened off and sometimes
killed; they do not compare with the sand-fly.
The latter, almost invisible to the naked eye, comes in absolute myriads;
it settles upon every inch of exposed flesh; it creeps into every crevice; it
cannot be frightened away, but must be brushed off; its worst attacks are at
night, when tired nature is pining for a little rest; its bite does not itch, but
burns like fire, till face, hands and neck feel as though they had been
scalded. But the sand-fly, bad as he is, can be persuaded out of your tent by
a fire; he does not abound except in sandy localities; his bite does not draw
blood, nor raise a lump, and is not permanent; he does not compare with the
black fly.
The latter comes without a warning note; he bites till the blood runs in a
stream, and inflicts the sharpest pain; he clings fast till he is absolutely
rubbed off, and crawls up your sleeve or pants or down your neck; he loves
not the fire, nor fears the smoke; he cannot be enticed nor driven away. The
mosquito comes numerous as the rain-drops in a shower; the sand-fly as the
motes in sunlight; but the black fly like the sand of the desert when the
simoom is raging. Resignation can endure the first, stoicism the second, but
nothing the last.
All three of these pests are found abundantly in the woods, and without
being prepared for them, instead of pleasure, the sportsman’s trip would be
one long torture. People have been known to be completely disfigured by
their bites, and I have had my neck as thoroughly girdled as though it had
been done with a hot iron. Their bite inflames the blood, and if
accompanied with the free use of ardent spirits, may produce unpleasant
consequences. Let no man through foolhardiness brave their attacks,
thinking he can rough it and not give way before such pitiful insects; as
brave and strong men as ever lived have had their pleasure destroyed by
these curses of our country, and he will repent his rashness, if not in sack-
cloth and ashes, in blood and misery. I have seen a hard-working man so
worn out by their attacks as to fall fast asleep standing up leaning against a
rock in a hot July sun, that by its excessive warmth had for the moment
driven the torments away. He wore a veil, but not being properly arranged,
the flies could climb up its folds, and it was little protection.
One may well ask how is it possible to defend oneself from such
irrepressible villains; nor can it be done perfectly; with the best precautions
there will be enough to try nerve and temper. Gauntlets of leather drawn
above the wrists over the coat sleeve will, though rather warm, effectually
protect the hand, and when oppressive, may be cooled by being dipped in
water. A veil is the best thing for the face; a piece of elastic run round the
top will enable you to slip it over your straw hat and fasten it above the
brim, which will keep it out from the face; a spring wire or whalebone hoop
sewed in a few inches below, will keep it off your nose, and another piece
of elastic round the bottom will hold it tight around your cravat, so that the
flies cannot make their way beneath it; or the latter may be omitted to
enable you to wipe your face and rub off those stragglers that will find their
way in, notwithstanding your precautions. There is a light substance called
tissue, that makes a cool but delicate veil, and is preferable to the ordinary
barege, and for mosquitoes and black flies, bobinet is still lighter, but sand-
flies might pass the meshes.
Various ointments have been tried with partial success; among them, tar
ointment has lately become conspicuous, as also oil with a few drops of
creosote, but my favorite has always been a mixture of the oil of penny-
royal with an equal amount of almond or sweet oil; this is both cleanly and
effectual, and need only be renewed once a day. But remember it must be
the oil and not the essence of pennyroyal, which latter is utterly worthless.
Care must be taken with it, as with the others, not to let them run into the
eyes, as they will produce unpleasant smarting. This composition is death
on black flies, and quite successful against mosquitoes; but it is well, also,
to be provided with tar ointment, which will not spill if the bottle is broken.
For clothes, the best suit is of strong duck, heavy enough to resist an
able-bodied mosquito, but as loose as possible, so that warm flannels, of
which every description should be taken in abundance, can be worn
beneath. Flannel coats, shirts and drawers or pantaloons can be crowded
into a small space, and are excellent for keeping out cold, and are not
rendered unpleasant by moisture. It must be borne in mind that the
Summers in Canada are occasionally absolutely cold, and for weeks in July,
I have shivered in every coat and flannel I had with me.
Moccasins are the things for the canoe, but if you try to clamber over
rocks or wade streams in them, your feet will be bruised and cut severely. It
is advisable to wear stout ankle gaiters that lace up, with heavy iron-nailed
slippers that may be fastened with a strap and buckle over them, after you
have left the canoe, and by means of which you can cling to the rocks
without slipping so frequently as you otherwise would. You will wear a
straw hat, of course, and where mosquitoes are not innumerable, your
flannel underclothes will make a delightful boating suit. Never use anything
but woollen socks for any sort of hard walking, and by having your net
handle shod with iron, and carrying it in one hand, you will make your way
among the slippery rocks with comparative safety.
The bedding should consist of plenty of blankets, and one or two of them
coated with India rubber and rendered waterproof, to keep off the moisture
that will always rise from the ground at night, to wrap the rest of your
clothes in, and to protect them and yourself from rain and wet. A stout
leather strap and buckle is necessary for the latter purpose. The best tent is a
circular one without any ridge-pole, but supported by a rope run through a
pulley attached to three long poles cut in the woods, and placed in the shape
of a tripod above. The pins are driven into the cloth itself, and hold it so
close to the ground that no insects can penetrate beneath, while a flap
effectually closes the door. There is a hole for ventilation at the top, which,
in a rain, may be closed with a canvas cap. A stout post may be set up in the
centre with a few nails on which to hang clothes. This tent should only be
used at a permanent camp; and for travelling, the ordinary tent with a ridge-
pole, as more accurately described hereafter, is preferable; a piece of oiled
cloth laid over sticks planted slanting in the ground, will keep off the rain
and dew.
A round tent of twenty-four feet in circumference will not accommodate
more than two men luxuriously, whereas one of double that circumference
will hold five times the number. A large tent is a great comfort and not
much trouble. A separate tent should of course be taken for your men, and
another simple one for a make-shift and a dining-room. To arrange the latter
is your first care on arriving at your permanent camping-ground, the table is
of bark, either birch or spruce, nailed fast to posts, and shielded by some
protection from the rain; the seats are either a large log or the barrels you
have brought with you to carry stores and fish, or else stools ingeniously
chipped from the trunks of trees with the branches for legs. A dressing-stand
is then arranged, with a wash-basin made of birch bark; the fire-place is
rigged up with a ridge-pole supported on two notched sticks, and with a
hooked withe to support the kettle, and your sylvan home is furnished.
To support and gratify the inner man, it is well to have with you all
conceivable little delicacies, such as nutmegs, allspice, preserved fruits,
meats and vegetables, sweet oil, lemons and raisins, sardines, chocolate,
citric acid and ginger; but the necessaries are clear salt pork, flour, rice, oat-
meal and Indian-meal, coffee, tea, brown and white sugar, red and black
pepper, fine and coarse salt, butter, sauces, preserved and fresh eggs,
solidified milk, ales and ardents according to consumption, potatoes,
smoked beef, pickles, piccalilly, matches, the essence of coffee, bacon,
ham, dried beans and peas, hominy, cigars, onions, bread, crackers,
molasses, tobacco, desiccated meats and soups. Many of these articles may
be advantageously stowed in the barrels intended for packing fish, but the
butter should be put up in air-tight jars in small quantities, and may in hot
weather be buried under water in the sand. The oil tried out of the pork is
usually used for frying; but if you have sufficient butter the latter is
infinitely preferable.
For cooking you will need an iron pot and boiling kettle, tin kettles
fitting inside of one another, a frying-pan with a handle like the kettle, a
coffee-pot, some knives and tin plates, cups, spoons, forks and deep dishes,
and above all an oyster broiler. The latter has thin wires, and, having two
surfaces, can be turned more readily than a gridiron. It should be used
extensively: fish and game split open and broiled, well basted with butter,
are undeniable, and will be found a pleasant change from the eternal fry.
Large fish may be boiled and served up with a little of the liquor
strengthened with a teaspoonful of Worcestershire sauce. The greatest
difficulty will be found with the bread; the latter may be kept a couple of
weeks, and when excessively dry, by steaming in the pot will be rendered
eatable, but not good. Ship biscuit must be the main reliance for a long
tramp. Before taking your departure, if you could obtain a few lessons in
cooking from some elderly lady friend whose youth has not been so entirely
devoted to dress as to prevent her knowing something of her household
duties, and will carry with you a few simple recipes, you will not regret it.
As no one can be certain of perfect health or freedom from accident, it is
well to be provided with plenty of sticking and court plaster, cholera
medicine and Rochelle salts; but generally the fine exercise and open air are
a brave preventive against sickness. Do not forget brown soap to wash the
dishes, candles for light in the evening, and cream of tartar and soda to
make the flour rise.
The most necessary tools are an axe, a hatchet, one of Aiken’s patent
diminutive awl tool-chests, with which to mend broken rods, needles and
thread to mend torn clothes, some rosin to mend the canoes, and a supply of
various sizes of nails for numerous purposes, while a file and sharpening
stone will be found useful additions. An india-rubber water-proof bag is
admirable as a receptacle for clothes or blankets, which should be heavy,
and a tin wash-basin and an air-pillow will be great additional comforts.
Fresh eggs may be conveniently stowed in the barrels of coarse salt used for
curing fish.
 Of the foregoing there are none you can comfortably omit, and besides
them there are plenty you would do well to have; but the judgment and taste
of each individual will suggest the additions.
As one of the first objects will be to preserve the fish you catch, a
preparation of eight ounces of sugar, two ounces of salt, half an ounce of
brown pepper, well rubbed into fish from which the back bone has been
removed, and which are allowed to dry in the sun, will preserve them over a
month. They should be packed in barrels with layers of bark between, and
will prove more edible than when simply smoked; by smoking they may be
kept for years, and the fisherman long have the proud pleasure of offering to
friend at breakfast a little of the salmon he killed and smoked himself the
previous Summer in Canada.
In warm weather, fish merely salted cannot be kept long, and pickling in
brine utterly destroys their flavor; but if the latter method must be adopted,
a pickle of two parts salt and one part common brown sugar will keep them
forever. Before cooking, however, they should be well soaked. Pickling in
vinegar with a few cloves is probably the best mode where it is possible.
The gum for mending the canoes—and it is surprising how large a hole it
will fill—is made of one part rosin to three parts balsam gum, fused
together. If the aperture is very extensive, a piece of linen saturated with
melted gum should be applied. In New Brunswick and Maine it is usual to
mix rosin and grease, which answers every purpose.
To smoke fish, it is necessary to salt them in a tub, where they can form
a brine, and leave them thus for two days, and then hang them in a smoke-
house, not too near the fire, for as many weeks, when they are to be packed
in layers, separate. Fish are soused by being partially boiled, and having
vinegar boiled in copper kettles mixed with allspice and poured over them.
Iron turns the vinegar black, and hence this mode cannot be pursued in the
woods. Small fish may be headed, cleaned and packed in a jar, which is
then filled up with vinegar and allspice and baked all night. Next day fresh
vinegar is added to make up for the evaporation, and lard is run in to
exclude the air. They keep well and taste excellent.
An air-tight can is now made, with a cover that fits into a trough which
can be filled with melted rosin. This may be used over and over again, and
is peculiarly adapted to the woods. It must be hermetically sealed while the
contents are boiling, but without sealing might be advantageously used to
protect sugar and such things from the wet. The same cover is applied to
brown earthen jars, which are well suited for carrying butter.
Literature will be found a great resource in the woods, and although
Harper’s last Monthly may be permissible on account of the shortness of its
stories, nothing should be taken of too interesting a character, lest it divert
attention from the main object in view. This work will be found extremely
safe.
In giving the foregoing directions it is assumed that the reader intends to
travel with canoes, and does not expect to make any extensive portages, or,
as they are called in American, “carries;” for if the men are expected to
back the traps for any considerable distance, the only admissible articles are
fishing-tackle, penny-royal, an axe, the tents, pork, ship biscuit, tea, sugar,
pepper, salt, tea-kettle, matches and a frying-pan. The slightest weight
becomes a mountain on such occasions, and it will require stout muscles to
carry enough for their own sustenance. In salmon-fishing this is rarely
necessary, unless a man would be an explorer, and the adventurous are
always sufferers.
As it is possible none of my reader’s female acquaintance have ever
soiled their rosy fingers—Heaven save the mark!—with domestic cookery,
an outline of the theory of that science may be advantageous. There are
certain well known rules that have no exceptions, unless in the hands of a
genius, and which apply to classes and divisions of edibles. For instance, a
little salt must always be thrown into the water before anything is boiled in
it. Thus, again, with the great class of fried cakes: milk thickened with flour,
and an egg or two, and a pinch of salt, makes griddle: add squash, boiled
and mashed, and you have squash cakes; employ boiled and mashed rice in
place of squash, and there is produced the delicate rice cake; introduce
Indian-meal, which has been first scalded, and you have Indian cakes. This
class of cakes is made by pouring the preparation, in large tablespoonfuls at
a time, on a greased griddle or frying-pan. In broiling, frying, roasting,
baking, or stewing, salt and pepper are first rubbed on the article to be
cooked; in broiling, baking, or roasting, it is basted with butter or grease,
and in frying the butter is first put in the pan and heated. Potatoes boiled,
and cut thin when cold, are delicious fried. In stewing, a little water is
poured over the meat, and the cooking is done with a cover on.
 Frying is with butter or grease alone; stewing with grease and a little
water; and boiling with water alone. You determine when things are done
by the color and trying how they resist a fork. An excellent chowder is
made by putting pork, fish, cracker, meat, clams, and anything else that is
handy, with vegetables, sufficient seasoning, and a little water, and stewing
it well. Stewing can hardly be carried to excess, as from the closeness of the
vessel the nutritious particles cannot escape.
The best omelette the tyro can make, and excellent it will be found, is by
frying eggs, which are first beaten up and seasoned, till they are not quite
firm. They must be stirred all the while to keep them from burning, and if
they are done hard are ruined.
A white sauce is made of flour and butter well mixed together, stirred
into hot water and allowed to boil for a few minutes; a hard boiled egg may
be chopped up and added if desired. This is the appropriate sauce for
salmon. A brown gravy is made from the drippings of the meat, and some
burnt sugar or browned crumbs added and warmed up.
The following is an accurate recipe for griddle cakes: one pint of boiled
rice, three tablespoonfuls of flour, two tablespoonfuls of milk and two eggs.
While for fried cakes it will be observed that flour, milk and eggs are used,
for ordinary cakes flour, butter and eggs are necessary, with sugar added for
sweetening. Thus, a good cake is made of five cups of flour, three cups of
sugar, two cups of butter and four eggs. This cake must be baked slowly,
which could be done in a piece of birch bark inclosed in heated stones,
allowing room for it to rise.
The simplest and best way to boil a salmon is to slash him on the sides
with vertical cuts to the bone, having previously drawn, opened and cleaned
him, to wash him well in the nearest spring, put him into boiling water
sufficiently salt to bear an egg, and cook him seven or eight minutes to
every pound of weight, and serve him with some of the water he was
cooked in for sauce. The latter may be thickened with flour and butter. He
should, like all other fish, be cooked fresh.
Broiled fish, or, if they are large, slices of fish, cook better wrapped in a
piece of paper oiled; and the one-half of a salmon spread out, tacked on a
board and roasted by a hot fire is excellent; and in cooking small fish
suspended by a twig near the fire, Frank Forester recommends that a small
stick with a piece of pork threaded on it, should be inserted to keep the
belly open, and a biscuit placed below to catch the drippings. A hot fire will
cook a fish thus in ten minutes.
To bake a fish he is wrapped in oiled paper or birch bark, and placed in
an oven built of stones laid in a hollow, and from which the fire has just
been removed, other heated stones are placed above him, and the fire is
raked back over the whole.
It will be hardly necessary to remark, in connection with these
directions, that fish must be cleaned and have the gills removed and be well
washed and scaled before they can be cooked; that when the word butter is
used, and my reader have no butter, he must use such grease or oil as he
may have; that in all cases he can add such sauces and spices to his
condiments as he may relish and possess. Among all the variety of prepared
sauces, anchovy for salmon and Worcestershire for meats are the best, but
lemon alone gives an excellent flavor.
To bread anything, whether it be fried oysters or fried eels, dip them in
the yolk of egg beaten up, and then in cracker pounded fine, or they may
first be dipped in flour and afterward in egg and cracker.
Tea is made by pouring a little hot water on the leaves and allowing it to
draw by the fire for ten minutes and then filling up with hot water. Coffee,
by putting the coffee, mixed with the yolk of an egg, into boiling water and
allowing it to boil once—no more, on your life. If you do not wish to use an
egg, put in a teaspoonful of cold water immediately on taking it from the
fire. This is done to clear it. Chocolate is made by melting a cake broken
into small pieces in warm water, adding a cup of milk after it is perfectly
smooth, and boiling for twenty minutes. An excellent tea is made of yellow
birch bark.
Bread, especially if it is a little stale, is much improved by toasting,
which should be done by approaching it close to the fire, even throwing it
on the coals and burning the outside almost black. If buttered and covered
with brown sugar and eaten hot it makes an excellent dessert.
If salt pork is to be broiled, it should be cut thin, and may be soaked well
in water, dipped in Indian-meal, so as to bread it, and then broiled or fried
brown. It can be used in soup by being boiled in two waters.
Smoked beef is good if stewed a few minutes with a lump of butter
mixed with flour and enough milk to cover the whole, which may be
seasoned with pepper. Fried fish that has become cold can be revived in the
same way; the flour may be omitted and some salt must be added.
An onion may be boiled in bread sauce, and removed before serving, or
pepper may be added; celery chopped and cooked in a stew or sauce adds a
peculiarly pleasant flavor. Tough meat of all kinds should be stewed, and
except salt pork, meat should be rarely fried. The foregoing are soon
acquired by practice, and experience will suggest many valuable alterations;
but they are all the directions necessary to make camp life not merely
comfortable, but by the aid of a good appetite extremely pleasant. Cookery
is no mean science, and a knowledge of it will prove interesting and
advantageous not only in the wilderness, but so long as Irish cooks shall
rule our kitchens and ruin our digestions, in the realms of civilization.
To unite economy in space and weight with the utmost amount of
accommodation, the following sized tents will be found to answer for two
fisherman and five guides or even four fishermen.
The tent of the gentlemen should be four cloths deep, each cloth of
twenty-six inches, and cut twenty feet long, so that there should be ten feet
on each side of the ridge-pole; the wall takes about three feet, at the upper
edge of which a small piece is tabled in where the bolt-rope passes, to shed
the rain. There is an extra strip of canvas along the ridge, with two small
grummets in each end, inside the tent, to receive the poles; but there is no
bolt-rope except along the wall, and there must be no cross seams, as they
are sure to leak. A shoulder is left on the poles, which are thrust into the
grummets and a spreader is forced up between them and sustained as a
ridge-pole by a notch cut in each. There are three tent ropes on each side,
with a stout line and toggle, or button where they join the tent, to trice up
the walls in warm weather; the doors, which are at both ends, lap well over,
and are secured by a strong galvanized hook and eye, and are closed with
strings. Along the bottom of the wall are rings to peg it down, and the width
is the same as the depth. This tent sets up eight feet high, and is quickly
pitched if the poles are retained, which can be readily done, as they are
convenient in the bottom of the canoe to keep other baggage from the wet.
The size may be diminished to eight feet square, but will be found rather
cramped, especially in wet weather, when the fisherman is more or less
compelled to stay indoors, and will not permit of what is often desirable,
accommodating a visitor.
 For the men, a simple strip of canvas eight feet square, with sloping
sides, is all that is required. In fact, in cold weather an open tent with a fire
in front is preferable to all others, and can be kept as warm as an oven. A
Sibley tent has many advantages, but must be large, and is troublesome to
transport. In cold weather, logs should be cut down and laid up with mud
like a hut, or boards driven into the ground close together to form the
foundation, and the tent set over them. It will be warmer and more roomy.
Where there is naught to be shot, and as little to be caught, no man has
any business in the woods; but as bad marksmanship or scarcity of game
may cause the first, or a rise of water the second, it is well to know that a
pound of biscuit and a pound of pork per day is all that a man requires for
his support. A fair allowance however would be, considering it merely as an
addition to the proceeds of the gun and rod, a pound of biscuit or bread, and
half a pound of pork. Where flour is taken the amount of bread may be
reduced; but as the staff of life occasionally becomes wet and moldy, it is
better to be well supplied. Half a pound of solidified milk will last one man
ten days, a pound of tea thirty, and half a pound of tobacco one week. Eight
pounds of brown sugar, the same of butter, a bushel of potatoes, and two
gallons of molasses are sufficient for two anglers and five men one week. It
is not customary to give men milk, sugar or coffee; they are carried only for
the gentlemen, and the above calculations are made on that footing. These
computations may be relied on, and will be found extremely useful;
although the luxuries of camp life may fail, the necessaries must not be
exhausted. There is no fun in having to send a couple of your best men fifty
miles for provisions, when salmon are rising or a long journey is to be
made. Time devoted to pleasure is precious; a day wasted is indeed a loss.

And now, good reader, farewell. In looking over this book, I perceive
how far short I have fallen of my own expectations, and feel how greatly I
must have disappointed yours. Much has been badly said, much omitted,
and no doubt much unintentionally misstated. Opinions differ, and
experience leads to contrary results. There are game fish, and modes of
taking them, with which doubtless I am unacquainted, and yet I hope you
will find something here that has not been written before. My aim has been
to induce sportsmen to study the habits and proper designation of the
different varieties of game they pursue, to apply the appropriate names and
distinguish the various species. My hope is to elevate their purpose above
the mere indulgence of that peculiar innate pleasure experienced in the
chase, and at the same time, if possible, to press upon the attention of
naturalists the vast assistance they might obtain from their humbler brethren
by reducing their language to the standard of ordinary comprehension; and
above all, to insist, by every consideration of humanity, upon the absolute
necessity of preventing the cruel, wanton, and untimely destruction of the
beautiful inhabitants of our woods and waters. These have been my objects;
it is for you to judge how far I have succeeded. But, reader, let me warn
you: neither praise nor dispraise overmuch. In either case I shall write
another book, to justify the former or disprove the latter.
 APPENDIX.

FLIES, RODS, REELS, AND LINES.

Since the body of this book was written, the tackle-makers have taken it
into their heads to give the fishing world the most wonderful assortment of
flies that the mind of man could have conceived, and far beyond anything
that nature could in her most festive moods have produced. I give them not
because I believe any such assortment to be necessary for the angler or
tempting to the fish, but because they are so wonderful in themselves and so
very attractive to the tyro who fancies that beauty of tackle is going to
produce fulness of creel. I am indebted for them less to my own knowledge
than to the kindness of Mr. W. Holberton who, to excellence as a fly-
fisherman, has had the good fortune to add experience in the business. So
firmly have some of them established their reputation that a modern book
on angling would not be complete without them.
The strongest flies are tied with reversed wings, as they will last much
longer. Use highest-quality sproat hooks and selected white or mist-colored
gut snells. Salmon flies are now often tied on small double hooks, instead of
on large ones, as formerly. For salmon flies even more care should be taken
in choosing the gut, as not only is the fish larger, but the loss of a salmon is
more serious than the loss of a trout.
The following list comprises all those of any value sold in the shops,
whether copied from nature or evolved from the inner consciousness of the
tackle-maker. For the smaller streams in the Middle and Eastern States, the
coachman, royal-coachman, grizzly-king, Abbey, Montreal, Imbrie, brown-
hen, white-miller, orange-miller, yellow-sally, black-gnat, great-dun, queen
of the water, Hooker, golden-spinner, Cahill, silver-black, professor, march-
brown, jenny-spinner, red or dun fox, silver-brown, hare’s-ear or dark-fox,
blue-dun, dusty-miller, coch-y-bon-dhu or marlow-buzz, gray-gnat, cow-
dung, Beaver-Kill, grannom, Ronald’s stone, brown-stone, and the various
colored hackles. On some waters the addition of jungle-cock’s feathers to
the above will prove very killing.
 On Long Island waters the favorites are the cow-dung, scarlet ibis,
Cahill, Imbrie, yellow-sally, great-dun, hare’s-ear, queen of the water, black
and gray gnats, golden-spinner, silver-black, grizzly-king, professor, Abbey,
Montreal, and the different colored hackles. Hooks for the above lists
should be numbers 8 to 12.
For the Adirondacks, Maine, and the Canadas, light and dark Montreal,
Abbey, scarlet-ibis, professor, great-dun, brown-hen, Brandreth, cock-robin
or Murray, silver-doctor, Parmacheeny belle, St. Patrick, McAlpin,
Lawrence, Holberton, Rangely, Molechunkamunk, Mooseluck-maguntic,
Beatrice, No. 8, Round-lake, Bemes, tinselled-ibis, Elliot, Megalloway,
silver-black, Canada, blue-jay, Jenny-Lind, and the hackles. Also any of the
above, with the feathers of the jungle-cock added. They are to be tied on
hooks numbered from 3 to 5, and may be reinforced by a short piece of gut
tied in alongside of the other and extending above the hook, making the
snell double for half an inch beyond the head of the fly.
For black-bass any of the large flies previously named

SPROAT HOOK.
 O’SHAUGHNESSY FORGED HOOK.

may be used, and the following are particularly good: turkey, scarlet-ibis,
Page, Brandreth, Fergusson, grizzly-king, Montreal, silver-doctor, Rube
Wood, Lord Baltimore, Whitney, Elliot, Rangely, Holberton, humble-bee,
Gov. Alvord, and white-miller. The hooks for these should be from numbers
1 to 4. For trolling, the same tied with double snells may be used on hooks
from 2/0 to 1.
For salmon-fishing, the following are recommended: Fairy, Dovey-
queen, black-dose, Imbrie’s-witch, gipsy, butcher, fiery-brown, bonne-
bouche, silver-gray, silver-doctor, orange-doctor, black-doctor, lion,
Dunkeld, blue-tansy, gold-finch, dusty-miller, Wilmot, thunder-and-
lightning, blue-Highlander, parson, Wingfield-red, Popham, Jock-Scott, and
Durham-ranger.
Lines are now made in an endless variety and of a vastly improved
quality. For salt-water fishing, linen lines are generally used, as they stand
the action of the chloride of sodium better than silk. For heavy work, such
as cod-fishing, trolling for blue-fish, and deep sea-fishing, braided and
hawser-laid cotton lines are the best. The lines used by the anglers at West-
Island, Pasque, Cuttyhunk, and other localities where large striped-bass are
taken, are made of the choicest flax, hand-laid of from nine to eighteen
threads, and notwithstanding their fineness, are marvels of strength.
For fly-fishing for salmon, trout, and black-bass, the polished enamelled
waterproof, tapered, silk lines have entirely superseded the old hair, and
hair-and-silk lines. For fresh-water trolling and bait-fishing, there are the
hard-braid linen lines and the oiled silk braided lines, and pure boiled or
raw-silk for minnow-casting for black-bass, and so forth.
Good leaders are a very important portion for an angler’s outfit, and
more fish are lost through the use of poor gut and improper snelling than
from any other cause. The best silk-worm gut from which leaders are made,
comes from Spain, and should be carefully selected, only perfectly round
and even strands being used. Anglers should discard any leader or snell that
is at all rough or flat, or that has been dyed. Dyeing can be easily detected
by its decided color, generally either a blue or greenish tinge, and the
process injures the gut. A true mist-colored leader should be without any
tinge other than a faint mist or water-color, which is obtained by staining,
and not by dyeing.
 The hooks now generally preferred by anglers are the highest quality
sproat and the forged O’Shaughnessy, the latter being used principally for
striped-bass, blue-fish, and channel-bass. For the heavy fishing at
Cuttyhunk, West-Island, Newport, and Narragansett Pier, the knobbed and
needle-eyed O’Shaughnessy is the favorite. The highest quality sproat is
used for black-bass, salmon and trout flies, and is rapidly becoming the
favorite hook among expert anglers. The advantage of the highest-quality
forged O’Shaughnessy hooks consists in the fact that not only are they
made of the choicest steel, but that the forging breaks every hook in which
there is the slightest flaw, while the difference in price between them and
inferior grades amounts to only one-third or one-half of a cent on a hook, an
amount not worth considering under the circumstances. The old-fashioned
kirbed hooks are rapidly going out of favor. The sproat has been greatly
improved lately, the line of draft is in direct line with the point, which is
small and keen, and penetrates a fish’s mouth more easily than a clumsier
hook. The barb, too, is small and gives less room for play and does not tear
so large a hole as a coarser hook. When fishing with a light rod, this is a
great advantage both in striking and playing a fish. In fact it is almost
impossible to drive a coarse large barbed hook through the tough mouth of
a black-bass with the light rods that are now coming into favor.[19]
For fly-fishing there is no rod like a well-made round, split bamboo; but
to be well made, and no other is really worth having, a round eight-piece
split bamboo is an expensive implement and costs a high price. But when
well made it is not only a thing of beauty and a joy forever, but will stand
an amount of exposure and hard work not to be obtained from inferior rods.
It has not always been possible to obtain such implements in their
perfection, as some manufacturers who have not had the necessary
experience, or who in their anxiety to produce a cheap article have slighted
their work, have given the split bamboo rods a bad name. They should be
made from the upper part of the canes alone, as in that part the nodes which
give them their strength are the thickest. The outside or glazed part of the
cane should come on the outside of the rod, and the joints should be so
perfect that they cannot be traced by the eye, as if there is the least opening
water will get in and destroy the rod. While if thoroughly well finished,
they are the best article of their kind, nevertheless greenheart, cedar and
lancewood rods all have their admirers, and in skillful hands will do
efficient work. Machine-made rods should be avoided by every angler who
takes pride in his casting or his tools, no matter how cheap they are. The
best proof of the superiority of the bamboo rod is the fact of its general use
at all public tournaments where its power has been proved by a cast of over
eighty feet with a four and a half ounce rod.
In giving the weight of a trout rod, it should be stated whether the
ordinary mountings are included, as they make a difference of several
ounces. The fly-rod that in a tournament would be called a four or five-
ounce rod, would in the hands of the sportsman be found to weigh nine or
ten ounces. When a weight is given in these pages, the full weight of
mountings is intended, so that a nine-ounce rod is what the professionals
would call a five-ounce rod.
Great strides have been made by professional fly-casters in the matter of
length of cast since this book was first written. Then a cast of seventy feet
was considered a very long reach, but now eighty-five feet have been cast
with a rod of four and seven-eighths ounces, and eighty-seven feet with a
twelve-ounce rod. The rods in these cases are heavy at the tip, and are not
well adapted to ordinary fly-fishing and would soon tire out the strongest
wrist. They are in all instances made out of split bamboo. In bass-casting,
that is what is called Cuttyhunk fashion, the public trials have not been
satisfactory, the casts not having been scored at much over one hundred and
sixty feet. But there is no doubt that with the regulation weight of two and a
half ounces, at least two hundred and twenty feet can be cast. To make very
long casts with a fly, it is essential not only to have a stiff rod and to fasten
on the droppers with short snells, but to put double gut at

O’SHAUGHNESSY FORGED HOOK.

 SPROAT HOOK.

the head of the stretcher-fly. Moreover, the flies must not be allowed to
sink, but must be retrieved immediately in order to get the line well out
behind, which is the great difficulty in distance-casting. In actual fishing the
angler is considered an expert who alone and unaided can strike, play and
land a five-pound trout or a fifteen-pound salmon. Those are tests of skill
that far exceed casting ninety feet in an open pond with a top-heavy rod.
Reels have kept up with the march of improvement in fishing tackle, and
are now made much lighter and stronger than in days gone by. Hard rubber
has taken the place of metal to a great extent, making the reel very much
lighter. Aluminum has been tried, but, though very hard, it is a metal of
poor texture, so that the screws do not hold, and the reels soon get loose and
shaky, while at the same time it is expensive. There are several patented
trout reels for getting large barrels to wind the line on quickly, or to expose
it to the air so that it will not rot. Most of the fine reels are made of German
silver, and with works as carefully constructed as those of a clock, for the
striped bass reels must run with absolute perfection. A valuable invention of
Messrs. Abbey & Imbrie provides for the adjustment of the bearings, so that
any wear can be readily taken up, and the reel kept in good condition
without expense. It consists of the use of steel-screw pivots easily adjusted,
which reduce the friction to a minimum.
There is an endless variety of spoon baits now made for the angler to
select from; among them the most admired are the “fluted spoons” and the
“mottled pearl,” including the new Florida pearl spinner, with a body of
white pearl, combined with a mottled revolving spoon. But the old-
fashioned revolving silvered plate in its various forms is by no means
superseded by these modern mysteries.
The introduction of black-bass throughout the country has created a large
demand for artificial baits. Live minnows are often difficult to obtain, and
the market is now well supplied with artificial minnows, frogs, dobsons,
crickets, beetles, and grasshoppers. Of these baits, the “fairy” is the most
successful. It is made of fish-skin, and has the scales of the real minnow
preserved. It is as soft and flexible as the live bait, and will kill black-bass
and pickerel when every other artificial bait fails.
Of minnow gangs there is also a great variety, the latest and one of the
best being the “St. Lawrence” gang. This has a thin baiting needle, which
allows the most delicate minnow to live for hours, and has not the usual
great number of treble hooks to make it troublesome and unsightly for
delicate fishing.
 INDEX.
A, B, C, E, F, G, H, I, K, L, M, N, O, P, R, S, T, W.

A.
Allowance of provisions, 312
Attihawmeg, 147

B.
Bass, black, 217
Otsego, 151
rock, 222
Baits for trout, 33
Black Fly, 297
Blue-fish, 153
Boiestown, 135

C.
Camp life, 297
stores, 302
Centrarchus æneus, 222
fasciatus, 217
Cisco, 149
Classification of fish, 7
Cooking, 303, 307
Coregonus albus, 147
Otsego, 151
Common Carp, 163
Crab bait, 205
Curing fish, 304
Cyprinus carpio, 163

E.
Ephemera, 292
Esox estor, 164
fasciatus, 187
Elucioides, 181
reticulatus, 182
tredecem radiatus, 184