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1997 Oral History Interview

Mr. Brendan O'Brien

Interview Details
Year: 1997
Pages: 179
Status: Open

This comprehensive oral history interview captures the distinguished career of Brendan O’Brien, a prominent Toronto litigator who practiced from the 1930s through the 1990s. O’Brien provides vivid firsthand accounts of major counsel of the era including W.N. Tilley, Arthur Slaght, and D.L. McCarthy, while offering detailed portraits of legendary judges such as Sir William Mulock, Chief Justice Latchford, and Justice Riddell in the Ontario Court of Appeal. His anecdotes reveal the theatrical nature of early 20th century advocacy and the sometimes difficult personalities that dominated the courts.

The interview extensively covers O’Brien’s significant cases, from early insurance and negligence matters to landmark Charter cases like Skapinker, and important Law Society cases including Jabour v. Law Society of BC. O’Brien discusses major changes in legal practice over his career, including the evolution of jury trials in negligence cases, the rise of alternative dispute resolution, and transformations in insurance law. His personal insights into legal education, the social dynamics of the bar, religious prejudice in the legal profession, and his role as Treasurer of the Law Society provide valuable historical context.

Throughout the transcript, O’Brien demonstrates exceptional recall for legal personalities, courtroom drama, and the evolution of Canadian jurisprudence, making this an invaluable primary source for understanding the transformation of Ontario legal practice from the 1930s through 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
  • Divisional Court
  • Federal Court
  • Ontario Court of Appeal
  • Supreme Court of Canada
Educational Institutions
  • Osgoode Hall Law School
Government Bodies
  • Competition Board
  • Department of Justice Canada
  • Law Society of Upper Canada
  • Ministry of the Attorney General
Historical Events
  • Charter of Rights Adoption
  • Lusitania Sinking
  • Patriation of the Constitution
  • Stock Market Crash of 1929
  • World War I
  • World War II
Jurisdictions
  • Alberta
  • British Columbia
  • Federal
  • Ontario
  • Quebec
Law Firms
  • Fasken
  • Holden, Murdoch
  • Hughes Agar
  • McCarthy TĂ©trault
  • Phelan & Richardson
  • Rowell Reid Wright McMillan
  • Slaght & Cowan
  • Thomson Rogers
  • Wright & McMillan
Legal Cases
  • Agnew Surpass Shoes v. Cummer Yonge
  • Bank of Canada v. Bank of Montreal
  • Bucknam v. Kostiuk
  • CIBC v. Madill
  • City of Toronto v. Greenspoon Brothers
  • Earnshaw v. Dominion of Canada General Insurance
  • Elcano Acceptance v. Richmond
  • Empire Universal Films v. Rank
  • George v. George & Logie
  • Imperial Roadway v. CP Ltd
  • J.R. Mooney v. Pearl Assurance
  • Jabour v. Law Society of BC
  • Mandrake Management v. TTC
  • Martin v. Deutch
  • McGinty v. Cook
  • Menow v. Honsberger
  • Ordon Estate v. Grail
  • Paskwan v. Toronto Power Company
  • Re Canadian Corps of Commissionaires and Bernard
  • Re Charles
  • Re CPR
  • Re Klein & Dvorak and Law Society of Upper Canada
  • Schmitz v. Stoveld
  • Skapinker
  • Taylor v. Asody
  • Teno v. Arnold
  • Vana v. Tosta
  • Waterloo Law Association v. A.G. Canada
Oral History Tags
  • Treasurer of the Law Society
People Mentioned
  • Arthur Slaght
  • Charles Bell
  • Chief Justice Duff
  • Chief Justice Gale
  • Chief Justice Laskin
  • Chief Justice Latchford
  • Chief Justice Robertson
  • D.L. McCarthy
  • Earl Lawson
  • Evan Gray
  • Frank Hughes
  • Harry Kopyto
  • Isadore Hellmuth
  • Isadore Levinter
  • John Cartwright
  • John Robinette
  • Justice Estey
  • Justice Haines
  • Justice Hope
  • Justice Judson
  • Justice MacKay
  • Justice Pigeon
  • Justice Riddell
  • Justice Spence
  • Leonard Brockington
  • Malcolm Robb
  • Martin Friedland
  • Mr. Justice Finlayson
  • Patrick Galligan
  • Peter Wright
  • Richard Greer
  • Roy McMurtry Senior
  • Sir William Mulock
  • Ted Richardson
  • Thomas Phelan
  • W.N. Tilley
  • William Howland
Professional Organizations
  • Canadian Bar Association
  • Law Society of Ontario
  • The Advocates' Society
Time Periods
  • 1930s
  • 1940s
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
Topics
  • Advertising Regulations
  • Charter Rights
  • Constitutional Law
  • Corporate Law
  • Criminal Law
  • Family Law
  • Fidelity Bonds
  • Human Rights Law
  • Insurance Law
  • Interest Act
  • Maritime Law
  • Negligence Law
  • Professional Conduct
  • Workers' Compensation

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

Archive Details

Archive Code: C 81-1-0-134
Title: Interviews with Brendan O'Brien
Date: Oct. 1997 - Dec. 1997
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records (includes 5 audio cassettes (ca. 270 minutes))
Restrictions: Closed until 9 Dec. 2012
Container Info: (Textual records located in container B436903; sound recordings located in container B436840)

Scope: File consists of oral history records documenting the life and career of Brendan O'Brien (b. 1909), a Toronto- area lawyer. Interview topics include: major counsel in the 1930s; judges in the early 1930s; select cases. Interview unknown. File includes five audio cassette recordings from a series of three interviews and a transcript with index (182 p.).

File consists of oral history records documenting the life and career of Brendan O'Brien (b. 1909), a Toronto- area lawyer. Interview topics include: major counsel in the 1930s; judges in the early 1930s; select cases. Interview unknown. File includes five audio cassette recordings from a series of three interviews and a transcript with index (182 p.).