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2001 Oral History Interview

The Hon. Hilda McKinlay

Judge
Interview Details
Year: 2001
Pages: 327
Status: Open

Justice Hilda McKinlay’s oral history traces her remarkable journey from Depression-era Toronto to becoming a pioneering female judge on the Ontario Court of Appeal. Born in 1927 to a family affected by her father’s WWI injuries, McKinlay overcame financial hardships and worked from age 14 while pursuing education. After completing her legal education at University of Toronto, she became one of the early female law professors, teaching courses in debtor-creditor relations, bankruptcy, and real estate law from 1969-1973. Her academic career included significant administrative responsibilities, including serving on admissions committees and reviewing thousands of law school applications.

McKinlay’s transition to private practice proved challenging due to gender barriers. Despite being promised partnership at Faskens law firm as their first female partner, she was ultimately passed over and moved to Fraser & Beatty, where she developed expertise in banking, bankruptcy, and commercial law. Her judicial appointment to the High Court and later elevation to the Ontario Court of Appeal marked her as a trailblazer in the Canadian judiciary. During her judicial tenure, she handled complex commercial litigation, constitutional cases, and family law matters, contributing significantly to Canadian jurisprudence through decisions on Charter rights, commercial law, and administrative matters. Her career exemplifies the challenges and achievements of women breaking barriers in the Canadian legal profession during the latter half of the 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
  • Divisional Court
  • High Court
  • Ontario Court of Appeal
  • Supreme Court of Canada
Educational Institutions
  • Osgoode Hall Law School
  • University of Toronto Faculty of Law
Government Bodies
  • Government of Quebec
  • Ontario Energy Board
  • Ontario Labour Relations Board
  • Ontario Securities Commission
  • Revenue Canada
Historical Events
  • Askov Decision Aftermath
  • Charter implementation
  • Court Merger
  • First World War
  • Great Depression
  • Second World War
Jurisdictions
  • Alberta
  • British Columbia
  • Canada
  • Ontario
  • Quebec
  • Toronto
Law Firms
  • Coopers & Lybrand
  • Faskens
  • Fraser & Beatty
Legal Cases
  • Abraham v. Coopers & Lybrand
  • Caratun v. Caratun
  • CUPE v. Ontario Hydro
  • Fox v. Fox Estate
  • Ontario Securities Commission and the Government of Quebec
  • R. v. Calder
  • R. v. Edwards
  • Reynolds v. Imopac
  • Robinson v. Robinson
  • Royal Bank v. Soundair Corp
Occupations
  • Judge
Oral History Tags
  • Ontario Court of Appeal
  • Women Judges
People Mentioned
  • Bertha Wilson
  • Charles Dubin
  • Coulter Osborne
  • Douglas Sherbaniuk
  • George Finlayson
  • Hilda McKinlay
  • John Arnup
  • John Laskin
  • John Morden
  • John Willis
  • Karen Weiler
  • Lloyd Houlden
  • Pat Galligan
  • Rosie Abella
  • Roy McMurtry
  • Sam Grange
  • Walter Williston
Professional Organizations
  • Canadian Standards Association
  • Institute of Chartered Accountants
Time Periods
  • 1920s
  • 1930s
  • 1940s
  • 1970s
  • 1980s
  • 1990s
Topics
  • Administrative Law
  • Arbitration
  • banking
  • bankruptcy
  • Charter of Rights
  • Commercial Law
  • Constitutional Law
  • debtor and creditor relations
  • Estate Planning
  • Matrimonial Law
  • Mediation
  • Pension Law
  • Real Estate Law
  • receivership
  • Securities Law
  • Trust Law

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

Archive Details

Archive Code: C 81-1-0-164
Title: Interviews with Hilda McKinley
Date: 2001
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records. - 9 audio cassettes (ca. 8 hours, 30 minutes)
Restrictions: Closed until June 15, 2013

Scope: File consists of oral history records documenting the life and career Hilda McKinley (b. 1927), who graduated from Osgoode Hall Law School and completed her articles of clerkship at the firm of Fraser & Beatty in 1968. From 1969 through 1973, she was an Assistant Professor and then Associate Professor at the University of Toronto, Faculty of Law. She was appointed to the Trial Division of the Supreme Court of Ontario in 1983, and was then appointed to the Appeal Division of the Supreme Court of Ontario in 1987. She retired on 1 April 1999. Interview topics include: neighbourhood in Toronto and early education; World War II; Osgoode Hall Law School; University of Toronto Law School, professor; appointment to High Court, Supreme Court of Canada, 1983; circuit work; criminal cases; high court cases; appointment to Court of Appeal and select cases, among other. File consists of nine audio cassette recordings and a transcript with index (327 p.).

File consists of oral history records documenting the life and career Hilda McKinley (b. 1927), who graduated from Osgoode Hall Law School and completed her articles of clerkship at the firm of Fraser & Beatty in 1968. From 1969 through 1973, she was an Assistant Professor and then Associate Professor at the University of Toronto, Faculty of Law. She was appointed to the Trial Division of the Supreme Court of Ontario in 1983, and was then appointed to the Appeal Division of the Supreme Court of Ontario in 1987. She retired on 1 April 1999. Interview topics include: neighbourhood in Toronto and early education; World War II; Osgoode Hall Law School; University of Toronto Law School, professor; appointment to High Court, Supreme Court of Canada, 1983; circuit work; criminal cases; high court cases; appointment to Court of Appeal and select cases, among other. File consists of nine audio cassette recordings and a transcript with index (327 p.).