Malcolm Stockton Archibald

This interview details Malcolm Archibald’s extensive involvement in reforming Ontario’s estate law procedures and rules. As a member and later Chair of the estates sub-committee of the Civil Rules Committee, Archibald worked for over 20 years on modernizing Surrogate Court Rules, implementing block forms to simplify probate applications, and eliminating detailed inventory requirements. He played a crucial role in abolishing the solicitor’s tariff for estate work, arguing that percentage-based fees were unfair and that quantum meruit billing was more appropriate. The interview covers Archibald’s involvement in introducing mandatory mediation to estate litigation, his work on various professional committees, and his views on modernizing estate practice. He reflects on significant cases like Stillman Estate, which established the “total return” investment concept for charitable foundations, demonstrating his ongoing influence on estate law development in Ontario. Scope:File consists of oral history records documenting the life and career of Malcolm Archibald (b. 1930). Interview topics include: family background; University of Toronto (1951); Osgoode Hall Law School (1951-1955); early cases; charities; Succession Law Reform Act; Estates Sub Committee, Rules committee; Law Reform Commission. Interviewer unknown. File includes three audio cassette recordings from a series of two interviews, a transcript (101 p.) with index, and a copy of a release form.File consists of oral history records documenting the life and career of Malcolm Archibald (b. 1930). Interview topics include: family background; University of Toronto (1951); Osgoode Hall Law School (1951-1955); early cases; charities; Succession Law Reform Act; Estates Sub Committee, Rules committee; Law Reform Commission. Interviewer unknown. File includes three audio cassette recordings from a series of two interviews, a transcript (101 p.) with index, and a copy of a release form.