Mr. Barry Percival
This interview with Barry Percival covers his journey from small-town North Bay to becoming a prominent Toronto litigation lawyer. Born in 1936, Percival initially studied mining engineering at Queen’s University before switching to law at Osgoode Hall. He articled at Robertson, Lane, Perrett, Frankish & Estey under future Supreme Court Justice Willard Estey, then joined Roy McMurtry’s litigation firm, where he developed expertise in personal injury and medical malpractice law.
Percival played significant roles in legal reform, particularly his work on the Ontario Law Reform Commission that produced the Occupiers’ Liability Act of 1972, which simplified premises liability law by establishing a common duty of care. He also served as Commissioner on the Law Reform Commission from 1980-1986, contributing to early class action legislation. His practice focused heavily on insurance defence work and medical malpractice cases, where he became known for selective case acceptance and successful outcomes.
The interview extensively covers Percival’s involvement in major Royal Commissions, including the Morand Commission investigating police brutality and most notably the Grange Commission (Susan Nelles Inquiry) into infant deaths at the Hospital for Sick Children. As counsel for Metropolitan Toronto Police in the Nelles matter, Percival provided crucial insights into this landmark inquiry, expressing his firm belief in the guilt of the accused nurses despite their acquittals.
This description was written by AI and may contain some inaccuracies.
References
The following are a selection of topics discussed in this oral history.
- Federal Court of Canada
- Old City Hall Courts
- Ontario Court of Appeal
- Provincial Courts
- Supreme Court of Canada
- Harvard Law School
- Osgoode Hall Law School
- Queen's University Faculty of Law
- Law Reform Commission
- Metropolitan Toronto Police
- Ontario Law Reform Commission
- Ontario Provincial Police
- Class Proceedings Act Development
- Krever Commission on Confidentiality of Health Records
- Morand Commission Police Brutality Inquiry
- Occupiers Liability Act 1972
- Queen's Counsel Abolition 1986
- Susan Nelles Inquiry
- Alberta
- British Columbia
- Canada
- North Bay
- Ontario
- Quebec
- Toronto
- Benson & McMurtry
- Haines Thompson
- Hughes Agar
- McCarthy Tétrault
- McGarry & McKeon
- Robertson Lane Perrett Frankish & Estey
- McDonald v. York County Hospital
- R. v. Andrews
- R. v. Demeter
- Teno v. Arnold
- Arthur Martin
- Bill Davis
- Bill Howland
- Bora Laskin
- David Mundell
- Dean Leal
- Doug Laidlaw
- Earl Cherniak
- Eleanor Cronk
- Henry Bull
- Ian Scott
- John McGarry
- John Sopinka
- Martin Wunder
- Moon Flanigan
- Paul Lamek
- Phyllis Trainor
- Roy McMurtry
- Samuel Grange
- Susan Nelles
- Sydney Robins
- Walter Williston
- Willard Estey
- Canadian Bar Association
- Canadian Medical Association
- County of York Law Association
- Medical-Legal Society
- The Advocates' Society
- 1950s
- 1960s
- 1970s
- 1980s
- Administrative Law
- Charter Rights
- Civil Procedure
- Class Actions
- Contingency Fees
- Criminal Law
- Evidence Law
- Insurance Law
- Medical Malpractice
- Occupiers' Liability
- Personal Injury Law
Some of these references were generated by AI and may contain inaccuracies.