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2003 Oral History Interview

Mr. Philip Benson

Lawyer
Interview Details
Year: 2003
Pages: 48
Date: Jun 2003
Status: Open

Philip Wordsworth Benson (1916-) discusses his legal career spanning from 1949 to the late 1990s, with a focus on civil litigation and negligence law. Born in Port Hope, Ontario, he graduated from University of Toronto with a B.A. in mathematics (1940), served in the Royal Canadian Air Force during World War II, and then attended Osgoode Hall Law School (1946-1949). He articled at Haines & Haines, a prominent negligence firm in Toronto, working under Edson Haines and Douglas Haines.

After ten years at Haines & Haines, Benson established his own firm in the mid-1950s, later entering into partnership with Roy McMurtry (future Chief Justice of Ontario and Attorney General). The interview extensively covers the landmark Phillips v. Ford Motor Company case (1970-1971), where Benson represented Ford Motor Company in a brake failure lawsuit involving former Toronto Mayor Nathan Phillips. The case became notable for Justice Haines’ controversial trial conduct, including appointing an outside expert who questioned witnesses and moving proceedings to University of Toronto laboratories, leading to a successful appeal on procedural grounds.

Benson reflects on changes in legal practice over his career, including the evolution of pre-trial procedures, court structure reforms in 1990, and his involvement in professional organizations including serving as Past President of the County of York Law Association. His firm evolved through various partnerships, ultimately becoming Benson, Percival, Brown & Walsh before his retirement in the late 1990s.

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
  • High Court of Justice
  • Ontario Court of Appeal
  • Supreme Court of Canada
  • Supreme Court of Ontario
Educational Institutions
  • Osgoode Hall Law School
  • University of Toronto Faculty of Law
Government Bodies
  • Canadian National Railway
  • Canadian Officers Training Corps
  • Royal Canadian Air Force
Historical Events
  • Charter of Rights and Freedoms
  • court system merger 1990s
  • Great Depression
  • World War II
Jurisdictions
  • Canada
  • Ontario
  • Port Hope
  • Toronto
Law Firms
  • Benson & McMurtry
  • Benson, McMurtry, Percival & Brown
  • Benson, Percival, Brown & Walsh
  • Haines & Haines
  • Hughes Amys
  • P.W. Benson
Legal Cases
  • Phillips v. Ford Motor Company
Occupations
  • Lawyer
People Mentioned
  • Barry Brown
  • Bill Somerville
  • Brendan O'Brien
  • David Walker
  • Don Shearer
  • Doug Laidlaw
  • Douglas Haines
  • Edson Haines
  • George Percival
  • Joe Thompson
  • John Fitzpatrick
  • John McGarry
  • Keith Gibson
  • Merv Ellis
  • Nathan Phillips
  • Philip Wordsworth Benson
  • Rino Stradiotto
  • Ross Smiley
  • Roy McMurtry
  • Walter Williston
Professional Organizations
  • Canadian Bar Association
  • County of York Law Association
  • Defence Research Institute
  • International Association of Defence Counsel
Time Periods
  • 1940s
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
Topics
  • Appeal Procedure
  • Automobile Accidents
  • Civil Litigation
  • Discovery Process
  • Insurance Defence
  • Legal Malpractice
  • Medical Malpractice
  • Negligence Law
  • Personal Injury Law
  • Pre-Trial Conferences
  • Professional Malpractice
  • Trial Procedure

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

For information about this oral history, please contact the Osgoode Society.