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2003 Oral History Interview

The Hon. Maurice Cullity

Judge, Lawyer, Professor
Interview Details
Year: 2003
Pages: 165
Status: Open

Justice Maurice Cullity provides a comprehensive account of his journey from Australian-born law student to Canadian Superior Court judge. Born in Western Australia in 1935, he studied law at the University of Western Australia, earned his B.C.L. at Oxford’s Wadham College, and taught there before becoming a senior lecturer at the University of Melbourne. In 1973, he joined Osgoode Hall Law School, where he taught trusts and estate planning until 1979.

Cullity then transitioned to private practice at Davies, Ward & Beck, specializing in estate planning, tax litigation, and will drafting. His practice included significant work with trusts, estate freezes, and international tax planning. He was actively involved in professional organizations including the Law Society of Upper Canada as a Bencher (1987-1995) and the International Academy of Estate and Trust Law. His expertise in estate law led to collaborations on major texts including the third edition of Probate Practice with Rodney Hull.

Appointed to the Ontario Superior Court of Justice in 1997, Cullity reflects on the evolution of estate law over his career, including the abolition of estate taxes, the introduction of the Substitute Decisions Act, and procedural changes following the merger of Surrogate Courts into the Superior Court. His judicial work has encompassed estates, family law, and class action litigation, with particular attention to how traditional estate law principles adapt to modern procedural rules.

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
  • Federal Court of Canada
  • Ontario Court of Appeal
  • Ontario Superior Court of Justice
  • Supreme Court of Canada
  • Supreme Court of Victoria
  • Surrogate Court
Educational Institutions
  • Osgoode Hall Law School
  • Oxford University Wadham College
  • University of Melbourne
  • University of Pennsylvania
  • University of Toronto
  • University of Western Australia
Government Bodies
  • Children's Lawyer's Office
  • Ministry of Health
  • Ministry of the Attorney General
  • Official Guardian's office
  • Public Trustee's Office
  • Revenue Canada
Historical Events
  • Abolition of Estate Tax 1971
  • Charter of Rights and Freedoms Adoption
  • Class Proceedings Act
  • Family Law Reform Act 1978
  • Substitute Decisions Act 1990s
  • Succession Law Reform Act 1977
Jurisdictions
  • British Columbia
  • Federal
  • Ontario
  • United Kingdom
  • Victoria Australia
  • Western Australia
Law Firms
  • Blake Cassels
  • Davies, Ward & Beck
  • Goodman and Goodman
  • McCarthy Tétrault
  • Perley-Robertson
Legal Cases
  • Black v. Chrétien
  • Edell v. Sitzer
  • Larcade case
  • Levy Estate
  • R. v. Oakes
  • Re Centenary Hospital Association
  • Re: Fraser Estate
  • Sifton case
  • Wilson v. Wilson
Occupations
  • Judge
  • Lawyer
  • Professor
Oral History Tags
  • Legal Academics
  • Ontario Superior Court
People Mentioned
  • Arthur Scace
  • David Ward
  • Gerald LeDain
  • Ian Nordheimer
  • Joe Sheard
  • John Arnup
  • John Manley
  • John Robinette
  • Maurice Cullity
  • Patrick LeSage
  • Peter Hogg
  • Rodney Hull
  • Susan Himel
  • Warren Winkler
  • Willson McTavish
  • Wolfe Goodman
  • Zelman Cowen
Professional Organizations
  • American College of Trusts and Estates Counsel
  • Canadian Bar Association
  • Canadian Tax Foundation
  • International Academy of Estate and Trust Law
  • Law Society of Upper Canada
Time Periods
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
  • 2000s
Topics
  • Administrative Law
  • Class Actions
  • Constitutional Law
  • Equity
  • Estate Administration
  • Estate Planning
  • Family Law
  • International Tax Planning
  • Professional Conduct
  • Real Property
  • Succession Law
  • Tax Law
  • Trusts and Estates
  • Wills and Probate

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

Archive Details

Archive Code: C 81-4-0-121
Title: Interviews with Maurice Cullity
Date: Oct. 2003 - Dec. 2003
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records (includes 5 audio cassettes (ca. 300 minutes))
Restrictions: Closed until 10 Dec. 2013
Container Info: (Textual records are located in container B436903; sound recordings are located in container B437267)
Location: Interview conducted as part of the Estates Project.

Scope: File consists of oral history records documenting the life and career of Maurice Cullity (b. 1935). Interview topics include: early life, education and career; call to the Bar in England; Senior Lecturer, University of Melbourne (1963-1967); University of Pennsylvania; move to Canada, Osgoode Hall Law School (1973-1979); wills & probate tests; practice at Davies, Ward & Beck (1979-); International Academy of Estate & Trust Law; sessional lecturer, University of Toronto; Bencher of the Law Society (1987-1995); appointment to the Bench, 1997. Interviewer unknown. File includes five audio cassette recordings from a series of three interviews, a transcript with index (165 p.), and a copy of a release form.

File consists of oral history records documenting the life and career of Maurice Cullity (b. 1935). Interview topics include: early life, education and career; call to the Bar in England; Senior Lecturer, University of Melbourne (1963-1967); University of Pennsylvania; move to Canada, Osgoode Hall Law School (1973-1979); wills & probate tests; practice at Davies, Ward & Beck (1979-); International Academy of Estate & Trust Law; sessional lecturer, University of Toronto; Bencher of the Law Society (1987-1995); appointment to the Bench, 1997. Interviewer unknown. File includes five audio cassette recordings from a series of three interviews, a transcript with index (165 p.), and a copy of a release form.