The Hon. John Morden

Justice John Morden provides a comprehensive account of his judicial career spanning from his 1973 appointment to the Ontario High Court through his elevation to the Court of Appeal in 1978 and subsequent role as Associate Chief Justice from 1990-1999. The interview covers the evolution of Ontario’s court system, including the circuit court system, the 1990 merger of the High Court and District Court, and the administrative challenges of managing court backlogs and judicial appointments.

Morden discusses key legal developments during his tenure, particularly the impact of the Charter of Rights and Freedoms on court proceedings and the growth of constitutional law. He provides detailed analysis of significant cases he decided, including early Charter interpretations, commercial law developments, and procedural innovations like summary judgment rules. The interview also explores his views on judgment writing, the role of precedent, and the Court of Appeal’s function as increasingly the final court of appeal for many cases.

The discussion concludes with reflections on changes in legal practice, the evolution of court administration, and his transition to supernumerary status. Morden emphasizes the collaborative nature of appellate work and the court’s responsibility for developing coherent legal principles, while noting the increased burden on provincial Courts of Appeal as the Supreme Court of Canada became more selective in granting leave to appeal.

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