On March 22, 1940, the Liberal member, Charles Robertson, died while in office.

Premier Mitchell Hepburn (and later, Daniel Conant) refused to call a by-election for three years citing wartime considerations.

"[1] CCF leader Ted Jolliffe opposed Hepburn's choice and took the government to court over the delayed by-election.

The Ontario Court of Appeal sided with the government on the issue.

Jolliffe said that he would appeal the decision to the Supreme Court but no further action was taken before the 1943 election was called.