The Hon. J.J. Fitzpatrick

This interview provides a comprehensive account of Justice J.J. Fitzpatrick’s life from his Irish-Catholic family background in Toronto through his distinguished legal career. Born in 1914, Fitzpatrick’s early years were marked by his father’s hotel business lost during prohibition, leading to a period in Florida before returning to Toronto where his father worked for Gooderham & Worts. Despite experiencing some religious discrimination in predominantly Protestant Toronto, the family was economically comfortable. After initially leaving university to work for Fruehauf Trailer Company, Fitzpatrick served as a pilot in the RCAF during World War II, flying transport missions across multiple continents before meeting his future wife, a WREN officer.

Fitzpatrick’s legal career began at Osgoode Hall Law School in 1945, where he was part of a large class of returning veterans. After articling with Haines & Haines, he joined Phelan, O’Brien, Phelan & Fitzpatrick, developing a practice primarily in insurance litigation but spanning various areas including commercial disputes, defamation, and conflict of laws. His cases took him frequently to the Supreme Court of Canada, reflecting the different accessibility of the highest court in that era. The interview details several significant cases including County of Cape Breton v. Chappell’s Ltd., complex securities fraud matters involving organized crime, and conflicts of law cases between Canadian and American jurisdictions.

Fitzpatrick’s involvement with The Advocates’ Society spanned from the 1960s through his presidency in 1978, during which he witnessed the organization’s financial struggles over the Campbell House purchase and its evolution into a major professional body. His presidency addressed issues of judicial independence, certification of counsel, and the society’s opposition to no-fault insurance. The interview concludes with his appointment to the bench in 1982 at age 67, making him the second-oldest appointee at that time, and several notable cases from his judicial career including the landmark Crocker v. Sundance Northwest Resorts case on innkeeper liability.

This description was written by AI and may contain some inaccuracies.