Skip to content
ELCA Logo Logout
1986 Oral History Interview

The Hon. Wishart Spence

Judge
Interview Details
Year: 1986
Pages: 220
Date: Jan 1970
Interviewer: Christine J.N. Kates
Status: Open

This oral history interview with Justice Wishart Spence covers his distinguished legal career from 1904 to the 1970s. Born into a legal family in Toronto, with his father Senator James Spence, Wishart Spence was educated at University of Toronto, Osgoode Hall Law School, and Harvard Law School (LL.M., 1929). He began his career as a junior at Starr, Spence and Hall before becoming a partner in Spence, Shoemaker and Spence in 1934. During World War II, he served as Regional Rentals Officer with the Wartime Prices and Trade Board.

Spence was appointed to the Supreme Court of Ontario in 1950, where he handled significant cases including St. Lawrence Rendering Company Ltd. v. The City of Cornwall (nuisance law) and Lemieux v. Bedard (passenger for hire). His judicial philosophy emphasized proper application of stare decisis and legal precedents. In 1963, he was appointed to the Supreme Court of Canada to replace Chief Justice Kerwin. A controversial aspect of his later career was his appointment as Commissioner for the Munsinger Inquiry in 1966, which involved significant political pressures and raised questions about judges accepting royal commissions. Throughout his 28-year judicial career, Spence expressed deep satisfaction with his progression from basic legal work to serving on Canada’s highest court.

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
  • Assize Court
  • High Court of Justice
  • Ontario Court of Appeal
  • Supreme Court of Canada
  • Supreme Court of Ontario
  • Weekly Court
Educational Institutions
  • Harvard Law School
  • Osgoode Hall Law School
  • University of Toronto
Government Bodies
  • Cabinet
  • Department of Justice
  • Department of National Defence
  • House of Commons
  • Senate
  • Wartime Prices and Trade Board
Historical Events
  • 1925 church union
  • flu epidemic
  • Great Depression
  • Munsinger Affair
  • World War II
Jurisdictions
  • British Columbia
  • Canada
  • England
  • Manitoba
  • Ontario
  • Quebec
  • Saskatchewan
  • Scotland
  • Toronto
Law Firms
  • Day, Wilson & Kelly
  • Ellis, Hume and Anger
  • Fraser & Beatty
  • Masten, Starr and Spence
  • Mills and Mills
  • Richardson and McMillan
  • Spence, Shoemaker and Spence
  • Starr, Spence and Hall
Legal Cases
  • Baptiste v. Baptiste
  • Clarke Irwin & Company v. C. Cole and Company Limited
  • Firth v. The Western Life Assurance Company
  • Hodge v. The Queen
  • Lemieux and Lemieux v. Bedard
  • Regina v. Howard Smith Paper Mills Limited
  • St. Lawrence Rendering Company Ltd. v. The City of Cornwall
Occupations
  • Judge
Oral History Tags
  • Supreme Court of Canada
People Mentioned
  • Allan Shoemaker
  • Bora Laskin
  • Cecil Augustus Wright
  • Charlotte Whitton
  • Christine J.N. Kates
  • Ellen Fairclough
  • Gerald Fauteux
  • Jim McRuer
  • John Cartwright
  • John D. Falconbridge
  • John Diefenbaker
  • Lester Pearson
  • Lord Denning
  • Mackenzie King
  • Pat Kerwin
  • Pierre Sevigny
  • Pierre Trudeau
  • Senator James Spence
  • Wilfred Judson
  • Wishart Flett Spence
Professional Organizations
  • Canadian Bar Association
  • Canadian Judicial Council
  • Law Society of Upper Canada
Time Periods
  • 1900s
  • 1910s
  • 1920s
  • 1930s
  • 1940s
  • 1950s
  • 1960s
  • 1970s
Topics
  • banking and bills of exchange
  • Combines Law
  • Constitutional Law
  • Contract Law
  • Copyright Law
  • Criminal Law
  • Insurance Law
  • Municipal Law
  • Negligence
  • Nuisance Law
  • passenger for hire
  • Royal Commissions
  • stare decisis
  • Wills and Trusts

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

Archive Details

Archive Code: C 81-1-0-46
Title: Interviews with Wishart Spence
Date: Oct. 1985 - Sept. 1986
Description: Textual records, Sound recordings
Physical Description: 2 files of textual records (includes 10 audio cassettes (ca. 660 minutes))
Restrictions: None
Container Info: (Textual records located in container B436610; sound recordings located in container B436510)

Scope: Files consist of oral history records documenting the life and career of Wishart Spence (1904-1998), a Toronto lawyer who lectured at Osgoode Hall from 1930-1946, later joining the Supreme Court of Ontario in 1950, and the Supreme Court of Canada (1963-1978). Interview topics include: Osgoode Hall Law School; early law practice; Supreme Court of Ontario; High Court of Justice, 1950; Supreme Court of Canada; Truscott Case; select cases; opinions on Chief Justices of SCC. Interview conducted by Christine J.N. Kates. File includes 10 audio cassette recordings from a series of five interviews and a transcript with index (220 p.).

Files consist of oral history records documenting the life and career of Wishart Spence (1904-1998), a Toronto lawyer who lectured at Osgoode Hall from 1930-1946, later joining the Supreme Court of Ontario in 1950, and the Supreme Court of Canada (1963-1978). Interview topics include: Osgoode Hall Law School; early law practice; Supreme Court of Ontario; High Court of Justice, 1950; Supreme Court of Canada; Truscott Case; select cases; opinions on Chief Justices of SCC. Interview conducted by Christine J.N. Kates. File includes 10 audio cassette recordings from a series of five interviews and a transcript with index (220 p.).