Skip to content
Logout Icon Logout
2000 Oral History Interview

The Hon. Bernard Kelly

Judge
Interview Details
Year: 2000
Pages: 126
Interviewer: Christine Kates
Status: Open

This oral history interview with Justice Bernard Kelly provides a comprehensive account of his legal career spanning from 1959 to 2000. Born in Toronto in 1934 to a family with no previous legal connections, Kelly’s father was President of O’Keefe Breweries under E.P. Taylor. Kelly attended Catholic schools, graduated from Assumption College in 1955, and completed his law degree at Osgoode Hall in 1959.

Kelly articled with Lorenzetti, Mariani & Wolfe before forming a highly successful partnership with John O’Driscoll in 1959. The firm, later expanded to include Nick McRae, handled both criminal and commercial work, with Kelly focusing on solicitor’s work while his partners concentrated on criminal litigation. Notable cases included O’Driscoll’s appeal of the Truscott case to the Supreme Court of Canada. After O’Driscoll’s judicial appointment, Kelly joined Aird, Zimmerman, Berlis from 1972-75 before returning to sole practice until 1981.

Appointed to the Provincial Court Criminal Division in 1981 by Attorney General Roy McMurtry, Kelly served as a trial judge before becoming Regional Senior Judge for Metropolitan Toronto from 1991-1996. During this period, he managed 72 judges and dealt with the significant impact of the Askov decision on court delays. Kelly presided over the major preliminary hearing in R. v. Cornacchia, Markle & Rosenberg (the Greymac case) from 1988-1990, producing a 547-page decision. His interview provides valuable insights into the evolution of legal practice, judicial administration, case management systems, and the changing nature of the Ontario court system during the late 20th century.

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

References

The following are a selection of topics discussed in this oral history.

Courts
  • County Courts
  • District Court
  • Family Court
  • General Division
  • Old City Hall Courts
  • Ontario Court of Appeal
  • Provincial Court Criminal Division
  • Superior Court of Justice
  • Supreme Court of Canada
Educational Institutions
  • McGill University Faculty of Law
  • Osgoode Hall Law School
  • University of Toronto Faculty of Law
Government Bodies
  • Crown Law Office
  • Department of Justice Canada
  • Judicial Appointments Advisory Committee
  • Judicial Council
  • Ministry of the Attorney General
Historical Events
  • Askov Decision Impact
  • Charter of Rights and Freedoms Implementation
  • Court System Regionalization
  • World War II
  • Young Offenders Act
Jurisdictions
  • British Columbia
  • Federal
  • Metropolitan Toronto
  • Ontario
  • Quebec
  • Toronto
Law Firms
  • Aird & Berlis
  • Aird, Zimmerman, Berlis
  • Arthur Maloney & Associates
  • Kelly, McRae & Murray
  • Lorenzetti, Mariani & Wolfe
  • O'Driscoll & Kelly
  • O'Driscoll, Kelly & McRae
Legal Cases
  • R v Cornacchia, Markle & Rosenberg
  • R v Morand
  • R. v. Askov
  • R. v. Truscott
Occupations
  • Judge
Oral History Tags
  • Ontario Court of Justice
People Mentioned
  • Alan Edgar
  • Alan Gold
  • Amy Bonkalo
  • Arthur Maloney
  • Arthur Martin
  • Barbara Ann Scott
  • Bob Murray
  • Bob Osborne
  • Carl Grant
  • Darrel Draper
  • E.P. Taylor
  • Eddie Greenspan
  • Father McGoey
  • Frank Donnelly
  • Fred Hayes
  • Hugh Foster
  • Ian MacDonnell
  • Ian Scott
  • John Casey
  • John O'Driscoll
  • June Bernhardt
  • Mary Hogan
  • Melville J. Kelly
  • Murray Segal
  • Nick McRae
  • Pat Hart
  • Paul Lindsay
  • Peter McGough
  • Roman Komar
  • Roy McMurtry
  • Sidney Linden
  • Stephen Truscott
  • Tim Kelly
Professional Organizations
  • Canadian Bar Association
  • Judges Association
  • Law Society of Ontario
Time Periods
  • 1930s
  • 1940s
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
  • 2000s
Topics
  • Case Management
  • Charter Rights
  • Constitutional Law
  • Corporate Law
  • Court Delays
  • Criminal Law
  • Fraud
  • Judicial Administration
  • Legal Aid
  • Preliminary Hearings
  • Real Estate Law
  • Sentencing Law

Some of these references were generated by AI and may contain inaccuracies.

Archive Details

Archive Code: C 81-4-0-60
Title: Interviews with Bernard Kelly
Date: Jul-00
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records (includes 4 audio cassettes (ca. 210 minutes))
Restrictions: Transcript open as amended; tapes closed until July 2020
Container Info: (Textual records are located in container B436807; sound recordings are located in container B436490)
Location: Interview conducted as part of the Provincial Court Project.

Scope: File consists of oral history records documenting the life and career of Bernard Kelly. Interview topics include: family background; early schooling; World War II; Osgoode Hall Law School, 1955-1959; partnership with John O'Driscoll, Truscott appeal; sole practice, 1975-1981; appointment to Provincial Court, Criminal Division; judges training; Regional Senior 1991 - Metropolitan Toronto; Judges' Association; Graymac case. Interviewer unknown. File includes four audio cassette recordings from a series of two interviews and a transcript with index (126 p.).

File consists of oral history records documenting the life and career of Bernard Kelly. Interview topics include: family background; early schooling; World War II; Osgoode Hall Law School, 1955-1959; partnership with John O'Driscoll, Truscott appeal; sole practice, 1975-1981; appointment to Provincial Court, Criminal Division; judges training; Regional Senior 1991 - Metropolitan Toronto; Judges' Association; Graymac case. Interviewer unknown. File includes four audio cassette recordings from a series of two interviews and a transcript with index (126 p.).