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2007 Oral History Interview

The Hon. James Farley

Judge
Interview Details
Year: 2007
Pages: 198
Status: Open

Justice James Farley provides a comprehensive account of his legal career spanning from the 1960s through his retirement from the Ontario Superior Court in 2006. He traces his journey from engineering studies at the University of Toronto to a Rhodes Scholarship at Oxford University, followed by law school at the University of Toronto. After articling and practicing at Thomson, Rogers and later Perry, Farley & Onyschuk, he specialized in corporate and commercial law until his judicial appointment in 1989.

As a judge, Farley became instrumental in developing Canada’s modern commercial and insolvency law, particularly through his leadership of the Commercial List established in 1991. His landmark decisions in cases like Stelco, Air Canada, Algoma Steel, and numerous other major restructurings helped shape the interpretation of the Companies’ Creditors Arrangement Act (CCAA) and established important precedents in corporate law. He was known for his innovative approaches to complex commercial disputes, his emphasis on practical solutions, and his liberal interpretation of insolvency statutes to achieve fair outcomes for all stakeholders.

Farley discusses significant cases involving oppression remedies, international cooperation in insolvency proceedings, and the evolution of alternative dispute resolution. His judicial philosophy emphasized the court’s inherent jurisdiction to do justice between parties while maintaining rigorous legal principles. After retiring from the bench in 2006, he returned to practice at McCarthy Tétrault, bringing decades of judicial and commercial expertise to complex legal matters.

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
  • Federal Court of Canada
  • Ontario Court of Appeal
  • Ontario Court of Justice (General Division)
  • Ontario Superior Court of Justice
  • Supreme Court of Canada
  • Supreme Court of Ontario
Educational Institutions
  • Osgoode Hall Law School
  • University of Toronto Faculty of Law
  • University of Western Ontario
Government Bodies
  • Government of Canada
  • National Transportation Agency
  • Office of the Superintendent of Financial Institutions
  • Ontario Ministry of the Attorney General
  • Ontario Municipal Board
Historical Events
  • Air Canada Restructuring
  • Algoma Steel Restructuring
  • Asian Financial Crisis
  • CCAA Amendments 1992
  • Charter of Rights and Freedoms Adoption
  • Commercial List Creation 1991
  • Court Merger 1990
  • Eatons Bankruptcy
  • Patriation of the Constitution
  • September 11 Attacks
  • Stelco CCAA Protection
Jurisdictions
  • Alberta
  • British Columbia
  • Canada
  • England
  • Ontario
  • Quebec
  • United Kingdom
  • United States
  • Yukon
Law Firms
  • Blake, Cassels & Graydon
  • Cassels Brock
  • Fraser & Beatty
  • Gowlings
  • McCarthy Tétrault
  • Osler, Hoskin & Harcourt
  • Perry Farley & Onyschuk
  • Smith Lyons
  • Thomson Rogers
Legal Cases
  • 80 Wellesley Street East Limited v. Fundy Bay Builders Ltd.
  • Air Canada v. Canadian Airlines
  • Ballard
  • Bank of America Canada v. Mutual Trust
  • Bank of Montreal v. Mitchell
  • Canada v. Curragh Inc.
  • Confederation Treasury
  • Hunter v. Southam
  • Maple Leaf Foods Inc. v. Schneider Corp.
  • Ontario Realty Corp. v. P. Gabriele & Sons Ltd.
  • R. v. Oakes
  • R. v. Tahal
  • R. v. Woods
  • Re Babcock & Wilcox Canada
  • Re Lehndorff General Partner Ltd.
  • Re Matlack Inc.
  • Re St. Marys Paper
  • Wittlin v. Bergman
Occupations
  • Judge
Oral History Tags
  • Ontario Superior Court
People Mentioned
  • Alan Lenczner
  • Albert Abel
  • Archie Campbell
  • Art Scace
  • Bob Blair
  • Bob Macaulay
  • Bob Rae
  • Bora Laskin
  • Brad Crawford
  • Caesar Wright
  • Dennis Lane
  • Dennis O'Connor
  • Dick Perry
  • Ed Saunders
  • Ed Then
  • Frank Callaghan
  • Frank Newbould
  • Geoff Morawetz
  • George Adams
  • Grant Reuber
  • Harold Ballard
  • Harvey Strosberg
  • Heather Smith
  • Ian Outerbridge
  • Ian Scott
  • Jacob Ziegel
  • Jim Carthy
  • Jim Hodgson
  • Joe Groia
  • John Major
  • John Sopinka
  • John Sproat
  • John Willis
  • Joyce Harris
  • Lloyd Houlden
  • Pat LeSage
  • Robert Reid
  • Roy McMurtry
  • Sheila Block
  • Terry O'Connor
  • Warren Winkler
Professional Organizations
  • American Law Institute
  • Canadian Bar Association
  • Canadian Judicial Council
  • International Insolvency Institute
  • Law Society of Ontario
Time Periods
  • 1940s
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
  • 2000s
Topics
  • Administrative Law
  • Alternative Dispute Resolution
  • Bankruptcy Law
  • Charter Rights
  • Civil Procedure
  • Commercial Law
  • Constitutional Law
  • Contract Law
  • Corporate Law
  • Criminal Law
  • Employment Law
  • Evidence
  • Family Law
  • Insolvency Law
  • International Law
  • Oppression Remedies
  • Property Law
  • Securities Law
  • Tax Law

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

Archive Details

Archive Code: C 81-1-0-160
Title: Interviews with James Farley
Date: 2007
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records. - 10 audio cassettes (ca. 9 hours)
Restrictions: Closed until October 2, 2012

Scope: File consists of oral history records documenting the life and career of James Farley (b. 1928), a lawyer who was called to the Bar of Ontario in 1968, and was appointed to the Supreme Court of Ontario in 1989. Interview topics include: family background and history; University of Toronto Law School; courts across the province; family cases; Court merger; the effect of Alternative Dispute Resolution (ADR) on the courts and select cases, among others. File consists of ten audio cassette recordings and a transcript with index (193 p.).

File consists of oral history records documenting the life and career of James Farley (b. 1928), a lawyer who was called to the Bar of Ontario in 1968, and was appointed to the Supreme Court of Ontario in 1989. Interview topics include: family background and history; University of Toronto Law School; courts across the province; family cases; Court merger; the effect of Alternative Dispute Resolution (ADR) on the courts and select cases, among others. File consists of ten audio cassette recordings and a transcript with index (193 p.).