Fergus and the Community Hall Fire
At 2:20 p.m. on Friday April 20th, 1979, our community hall, a converted 90-year-old barn, burned to the ground in about five minutes. The loss was valued at $150,000 (about half a million dollars today).
The fire destroyed the seven room apartment, added to the barn in 1930. It housed the Heatherington family who operated the concession kiosk in the community hall. Luckily, no one was home at the time of the fire - the kids were at school.
The community hall was the second building in the Community lost to fire in just eight days. The other was the cabin of Alan and Juen Fergus, which had a fire extinguished on April 12th but was lost in second fire on April 17th.
Arson was now suspected in these fires and the Ontario fire marshal was called in. Attention turned immediately to Al Fergus. Police found a pair of gasoline soaked shoes and a can of gasoline in his car. His two sons told that their father threatened to kill them and burn their home.
Soon after Allan Walker Fergus, age 63, was charged with arson. The belief was that he set fire to the community hall to revenge the Club whose seasonal residency rules cost him his dream home, in his view.
So what is the story of Al Fergus?
Allan and Juen Fergus bought the lot 24 on Mountain Top (now Schmeers) in May 1973 for $31,600.
Al Fergus was a sales engineer with Jervis B Webb, a systems engineering company in Hamilton, which had got its big start selling assembly line chain to Henry Ford. The Ferguses had two adult children and one boy still in high school.
In July, 1973, the Board received detailed construction plans for an new summer residence to be built on the Fergus lot. It was to be their dream home. For example, the cottage had a master bathroom with a bidet and the faucets and toilet roll holder were plated with 14 carat gold. Valued later at $100,000, and with cottages at that time selling for $30,000 to $50,000, the Fergus cottage was perhaps the most expensive piece of real estate in the Springs.
As their youngest son completed high school, the Fergus plan was to dispose of their other Burlington property on Edgecliffe Place and then spend six months at Cedar Springs and six months at their property in Lac Beauport, just north of Quebec City.
But Al lost his job after their first summer in their new cottage. He ceased making his $100,000 per year income (more than $400,000 today). He got by doing infrequent consulting work. With the change in jobs, Fergus spent just four months away from the Springs during the winter of 1974-75. With poor finances forcing him to sell the Quebec property, Fergus told the Board that he planned to acquire another Burlington home before 1975-6 winter season.
It was not to be. By March 1976, the earlier Fergus intention of complying with the permanent residency rules had changed. The reaction from the Club was negative, no doubt as result of the involvement of Neil Paget, who was about to become President of the Club. So, in May, 1976 Fergus gave notice of intention to sell his cottage property. After a possible sale to Stew Fisher as a permanent residence was thwarted, the lawyer for the holder of the $97,000 mortgage on the Fergus property threatened legal action if the Club would not change the designation to a permanent residence.
Fergus informed the Board that the residency rules were arbitrary and inequitable and, absent a sale, they would be living at their cottage for the 1977-78 winter season.
In October 1977, Fergus hired a lawyer, Colin Rayner, a former member of Cedar Springs. Fergus wanted to sell his property as a permanent residence and Rayner opined that the Club had no legal authority under property law to prevent him from doing so.
In January 1978, Juen Fergus withdrew the notice of intention to sell and began pursuing designation of the cottage as a permanent residence. Having put so much into building their dream home, it was seen to be too expensive by buyers looking for just a seasonal cottage. She filed an objection with the OMB to the proposed Burlington Official Plan amendment that was to prohibit further conversions to permanent residences. (that’s the OP amendment that was approved by the OMB and continues in force today).
Fergus continued to live at their cottage during the winter of 1978-79. Then the mortgage company moved to take hold of the property for mortgage arrears.
On January 5th, 1979, Al Fergus came home drunk and, after midnight, in a rage, tore the cottage apart, while Juen watched in fear. Al had been out of work for some time and was very depressed. He was an reformed alcoholic for 20 years but had resumed drinking recently.
The same month, Juen Fergus formally separated from Al and began to live with her adult son. At the same time, Juen had Al committed to the psychiatric ward of Joseph Brant hospital, a stay that lasted almost a month. It was there that Al Fergus confided to a roommate that Juen Fergus wanted the cottage, now under seizure proceedings for mortgage arrears. Now mad at his wife, Al did not want her to get the cottage and said he would burn it to the ground.
In February, Al began to attend AA meetings three to five times a week. But that didn’t stop him getting drunk and making some obscene phone calls, one to Membership Chairman Peter Campbell and three to his wife Pat. Calls consisted of swearing incoherently, foul words, one after another. In one call, Fergus propositioned Mrs. Campbell for sex, although he professed a preference to go to bed with a younger woman than she.
The Fergus criminal trial took place in May 1980.
Al Fergus denied setting the fires and his defense counsel did not put in any insanity defense. However, the Crown prosecutor raised the issue of insanity and provided expert evidence of a manic depressive mental disorder.
The Ontario fire marshal testified that the cause of the Fergus cottage fire was naptha, having found stains on the basement floor. No cause could be determined for the community hall fire because of the extent of the destruction of the building.
After an 11-day trial for three counts of arson, the eight-man, four-woman jury, after 16 hours of deliberations, found that Al Fergus was not guilty, by reason of insanity. Judge Alan Sprague ordered that Fergus be taken to Hamilton Wentworth regional detention centre, where he had been in custody for the previous year, until arrangements were made to commit him to the Ontario Mental Health Centre at Penetanguishene.
The Community went without a Clubhouse during the summer of 1979. The Clubhouse was rebuilt, without an apartment or tuck shop, as we see it today and was ready for the 1980 season. A formal dedication service was held on Sunday, July 27, 1980.
So, now you know the story of Al Fergus and the Clubhouse fire.
The fire destroyed the seven room apartment, added to the barn in 1930. It housed the Heatherington family who operated the concession kiosk in the community hall. Luckily, no one was home at the time of the fire - the kids were at school.
The community hall was the second building in the Community lost to fire in just eight days. The other was the cabin of Alan and Juen Fergus, which had a fire extinguished on April 12th but was lost in second fire on April 17th.
Arson was now suspected in these fires and the Ontario fire marshal was called in. Attention turned immediately to Al Fergus. Police found a pair of gasoline soaked shoes and a can of gasoline in his car. His two sons told that their father threatened to kill them and burn their home.
Soon after Allan Walker Fergus, age 63, was charged with arson. The belief was that he set fire to the community hall to revenge the Club whose seasonal residency rules cost him his dream home, in his view.
So what is the story of Al Fergus?
Allan and Juen Fergus bought the lot 24 on Mountain Top (now Schmeers) in May 1973 for $31,600.
Al Fergus was a sales engineer with Jervis B Webb, a systems engineering company in Hamilton, which had got its big start selling assembly line chain to Henry Ford. The Ferguses had two adult children and one boy still in high school.
In July, 1973, the Board received detailed construction plans for an new summer residence to be built on the Fergus lot. It was to be their dream home. For example, the cottage had a master bathroom with a bidet and the faucets and toilet roll holder were plated with 14 carat gold. Valued later at $100,000, and with cottages at that time selling for $30,000 to $50,000, the Fergus cottage was perhaps the most expensive piece of real estate in the Springs.
As their youngest son completed high school, the Fergus plan was to dispose of their other Burlington property on Edgecliffe Place and then spend six months at Cedar Springs and six months at their property in Lac Beauport, just north of Quebec City.
But Al lost his job after their first summer in their new cottage. He ceased making his $100,000 per year income (more than $400,000 today). He got by doing infrequent consulting work. With the change in jobs, Fergus spent just four months away from the Springs during the winter of 1974-75. With poor finances forcing him to sell the Quebec property, Fergus told the Board that he planned to acquire another Burlington home before 1975-6 winter season.
It was not to be. By March 1976, the earlier Fergus intention of complying with the permanent residency rules had changed. The reaction from the Club was negative, no doubt as result of the involvement of Neil Paget, who was about to become President of the Club. So, in May, 1976 Fergus gave notice of intention to sell his cottage property. After a possible sale to Stew Fisher as a permanent residence was thwarted, the lawyer for the holder of the $97,000 mortgage on the Fergus property threatened legal action if the Club would not change the designation to a permanent residence.
Fergus informed the Board that the residency rules were arbitrary and inequitable and, absent a sale, they would be living at their cottage for the 1977-78 winter season.
In October 1977, Fergus hired a lawyer, Colin Rayner, a former member of Cedar Springs. Fergus wanted to sell his property as a permanent residence and Rayner opined that the Club had no legal authority under property law to prevent him from doing so.
In January 1978, Juen Fergus withdrew the notice of intention to sell and began pursuing designation of the cottage as a permanent residence. Having put so much into building their dream home, it was seen to be too expensive by buyers looking for just a seasonal cottage. She filed an objection with the OMB to the proposed Burlington Official Plan amendment that was to prohibit further conversions to permanent residences. (that’s the OP amendment that was approved by the OMB and continues in force today).
Fergus continued to live at their cottage during the winter of 1978-79. Then the mortgage company moved to take hold of the property for mortgage arrears.
On January 5th, 1979, Al Fergus came home drunk and, after midnight, in a rage, tore the cottage apart, while Juen watched in fear. Al had been out of work for some time and was very depressed. He was an reformed alcoholic for 20 years but had resumed drinking recently.
The same month, Juen Fergus formally separated from Al and began to live with her adult son. At the same time, Juen had Al committed to the psychiatric ward of Joseph Brant hospital, a stay that lasted almost a month. It was there that Al Fergus confided to a roommate that Juen Fergus wanted the cottage, now under seizure proceedings for mortgage arrears. Now mad at his wife, Al did not want her to get the cottage and said he would burn it to the ground.
In February, Al began to attend AA meetings three to five times a week. But that didn’t stop him getting drunk and making some obscene phone calls, one to Membership Chairman Peter Campbell and three to his wife Pat. Calls consisted of swearing incoherently, foul words, one after another. In one call, Fergus propositioned Mrs. Campbell for sex, although he professed a preference to go to bed with a younger woman than she.
The Fergus criminal trial took place in May 1980.
Al Fergus denied setting the fires and his defense counsel did not put in any insanity defense. However, the Crown prosecutor raised the issue of insanity and provided expert evidence of a manic depressive mental disorder.
The Ontario fire marshal testified that the cause of the Fergus cottage fire was naptha, having found stains on the basement floor. No cause could be determined for the community hall fire because of the extent of the destruction of the building.
After an 11-day trial for three counts of arson, the eight-man, four-woman jury, after 16 hours of deliberations, found that Al Fergus was not guilty, by reason of insanity. Judge Alan Sprague ordered that Fergus be taken to Hamilton Wentworth regional detention centre, where he had been in custody for the previous year, until arrangements were made to commit him to the Ontario Mental Health Centre at Penetanguishene.
The Community went without a Clubhouse during the summer of 1979. The Clubhouse was rebuilt, without an apartment or tuck shop, as we see it today and was ready for the 1980 season. A formal dedication service was held on Sunday, July 27, 1980.
So, now you know the story of Al Fergus and the Clubhouse fire.