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Allen Linden
Allen Linden
Allen Linden
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Allen Martin Linden, OC, (October 7, 1934 – August 23, 2017) was a Justice of the Federal Court of Appeal[1] and distinguished tort law professor. He was named an Officer of the Order of Canada in 2015.[2][3]

Key Information

Linden attained a B.A from the University of Toronto, a L.L.B from Osgoode Hall Law School and a J.S.D from University of California at Berkeley. He was called to the Bar in Ontario in 1960.

Linden was an associate at Levinter, Grossberg, Dryden & Co., until he left to teach at Osgoode Hall Law School from 1961 to 1978. In 1978, he was appointed to the Superior Court of Ontario. He became the president of the Law Reform Commission of Canada from 1983 to 1990. In 1990, he was appointed to the Federal Court of Appeal.

Linden taught in the U.S., Australia and the U.K. and wrote several books and scores of articles about torts. In 1965, he authored a statistical study on Compensation for Auto Accidents which led the Province of Ontario to adopt a no-fault auto insurance plan in 1969. Justice Linden also did a statistical study on compensation for victims of crime (1968) which influenced the Ontario government to enact a public scheme to furnish compensation to victims of violent crime. Prior to his elevation to the Bench, he served as a consultant in the litigation of Canadian thalidomide children seeking compensation from the drug company that produced the drug. Justice Linden acted as Executive Director of the Canadian Institute on the Administration of Justice from 1974 to 1978.

Unable to give up on torts teaching, he continued to teach part-time at the University of Ottawa and at Pepperdine University, School of Law in California. He produced updated editions of his publications, including a 14th edition of his casebook on Canadian tort law.

Having studied under the late William Lloyd Prosser, universally recognized as the leading torts scholar in the United States, Allen Linden achieved the same recognition in Canada.

He was married to media executive Marjorie Anthony Linden from 1984 until her death in 2013. In July 2015 he married Joanna Maxwell.

Linden's brother, Sidney B. Linden, is also a former Ontario judge. Linden has three daughters, Wendy Linden who is a practising lawyer, Lisa Linden who is a lawyer by training, and Robyn Linden who is also a lawyer by training. He has three sons-in-law, Stephen Firestone who is a Superior Court Judge, Andrew Wiseman who is a practicing lawyer, and David Weinberger who is a practising lawyer.

Written works

[edit]
  • Report of the Osgoode Hall Study on Compensation for Victims of Automobile Accidents, (1965)
  • The Canadian Judiciary, (1976)
  • La responsabilité civile délictuelle, (1988)
  • Canadian Tort Law, 6th ed., (1997).
  • Canadian Tort Law: Cases. Notes and Materials, 11th ed., (1999), co-author.

References

[edit]
[edit]
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Allen Linden

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Allen Linden was a Canadian jurist and tort law scholar known for his pioneering role in modernizing Canadian tort law and his distinguished service on the bench. Born in Toronto on October 7, 1934, he emerged as one of the foremost authorities on torts in the common law world through his influential teaching, scholarship, and judicial work. He authored the leading text Canadian Tort Law, which shifted the field from rigid English precedents to a more policy-driven, justice-oriented approach that better served victims. Linden's advocacy extended to real-world reforms, including groundbreaking strategies to secure compensation for thalidomide victims and empirical research that helped establish Ontario's no-fault automobile insurance and crime victim compensation programs. Linden began his career as a professor at Osgoode Hall Law School from 1961 to 1978, where he helped modernize legal education and mentored generations of lawyers. He was appointed to the Supreme Court of Ontario in 1978 and later served as president of the Law Reform Commission of Canada from 1983 to 1990, guiding efforts to update the Criminal Code. In 1990 he was elevated to the Federal Court of Appeal, where he continued to issue thoughtful decisions until his retirement. He also taught as a visiting professor at Pepperdine Caruso School of Law for many years. In recognition of his half-century of contributions as a judge and scholar, Linden was appointed an Officer of the Order of Canada in 2015. He died in Toronto on August 23, 2017, at the age of 82.

Early life and education

Early life

Allen Linden was born on October 7, 1934, in Toronto, Ontario, Canada, into an immigrant family. He grew up in Toronto's Spadina and College area, a neighborhood shaped by waves of immigrant settlement. His parents were Louis and Lilly Lindenbaum. Linden's childhood unfolded in Toronto. He had a brother, Sidney B. Linden.

Education and bar admission

Allen Linden earned his Bachelor of Arts (B.A.) degree from the University of Toronto. He then obtained his Bachelor of Laws (LL.B.) from Osgoode Hall Law School. Linden pursued advanced legal studies at the University of California, Berkeley, where he earned his Doctor of the Science of Law (J.S.D.) and studied under William Lloyd Prosser, a leading torts scholar. He was called to the Ontario Bar in 1960. Linden began his legal career as an associate at the Toronto firm Levinter, Grossberg, Dryden & Co., where he practiced until 1961.

Academic career

Professorship at Osgoode Hall Law School

Allen M. Linden joined Osgoode Hall Law School as a professor in 1961 and served on the full-time faculty until 1978. During this seventeen-year tenure, he taught as a professor of law while contributing to the institution's academic programs. Concurrently with his faculty position, Linden acted as the Founding Executive Director of the Canadian Institute for the Administration of Justice from 1974 to 1978, providing leadership in that organization dedicated to improving justice administration in Canada. His professorship at Osgoode Hall concluded in 1978 when he was appointed to the Superior Court of Ontario, marking his transition from academia to the judiciary.

Tort law scholarship and influence

Allen Linden has been recognized as a major force in Canadian tort law scholarship for over five decades, distinguished by his unwavering commitment to tort law's role in delivering compensation to victims and serving as an ombudsman for the vulnerable against the powerful. His work built on empirical research and advocacy for fair compensation systems, earning him a reputation as Canada's leading torts scholar, akin to William Prosser's stature in the United States after Linden studied under Prosser at Berkeley. Linden authored the seminal textbook Canadian Tort Law, which became the leading authority in the field through multiple editions, and co-authored the influential casebook Canadian Tort Law: Cases, Notes and Materials, extending the legacy of earlier Canadian tort scholarship. His early empirical studies had notable policy impact. In 1965, Linden authored the Report of the Osgoode Hall Study on Compensation for Victims of Automobile Accidents, an in-depth examination of compensation mechanisms for motor vehicle accident victims that informed subsequent reform discussions and contributed to the introduction of no-fault insurance elements in Ontario in 1969. Later law reform efforts, including those by the Ontario Law Reform Commission, relied heavily on data and conclusions from this study despite its basis in earlier accident data. In 1968, Linden conducted a study on compensation for victims of crime that influenced the development of Ontario's compensation scheme for crime victims, established in 1969, by highlighting potential claimants and the need for retroactive application. These studies underscored Linden's broader influence in shaping Canadian approaches to victim compensation through tort law and statutory reform.

Law reform and advocacy

Leadership at the Law Reform Commission of Canada

Allen Linden served as President of the Law Reform Commission of Canada from 1983 to 1990. He assumed this role after stepping away from his position on the Supreme Court of Ontario. Under his leadership, the Commission focused on modernizing Canadian law amid a contentious period in the country's legal history. Linden guided the institution through these challenges, overseeing efforts to review and recommend reforms to various areas of federal law. His tenure reflected an emphasis on visionary approaches to law reform, as evidenced by his insights into the distinct roles of reformers, politicians, and bureaucrats in achieving effective change. This period of service preceded his appointment to the Federal Court of Appeal in 1990.

Advocacy for thalidomide victims

Allen Linden played a pivotal role in advocating for compensation for Canadian victims of thalidomide, the drug responsible for severe birth defects in children exposed in utero during the late 1950s and early 1960s. In 1963, while a young professor, he was approached by a Toronto law firm for advice on representing a thalidomide-affected family, but the firm declined the case due to its perceived lack of profitability. Linden, recognizing the merit of the claims despite limited trial experience and underdeveloped Canadian product liability law, devised an innovative strategy to pursue litigation in U.S. courts against the distributor Richardson-Merrell, where strict liability applied without the need to prove negligence. This cross-border approach, described as farsighted and groundbreaking for the time, enabled U.S. lawyers to represent Canadian victims and overcame significant obstacles in Canadian courts, including short limitation periods and the absence of strict liability. Linden served as a consultant in the thalidomide litigation, helping facilitate claims on behalf of affected children and parents against the manufacturer’s distributor. His efforts contributed to compensation settlements that eventually began to flow to Canadian families. His commitment was evident in a 1969 inscription he wrote in a copy of his textbook Canadian Tort Law: “To victory and justice for all thalidomide children.” In later years, Linden continued his support for thalidomide survivors by endorsing renewed advocacy efforts to secure additional government compensation for aging victims whose initial funds had depleted, contributing to the 2015 federal commitment of substantial support.

Judicial career

Service on the Superior Court of Ontario

Allen Linden was appointed a Justice of the Supreme Court of Ontario (now known as the Superior Court of Ontario) in 1978. During his tenure, he presided over cases reflecting his expertise in tort law, including the notable 1980 decision in Allan v. Mount Sinai Hospital, where he ruled that a doctor committed battery by administering an injection in the patient's left arm despite her explicit request for her right arm due to vulnerability to injury, marking a significant precedent on informed consent; the decision was overturned on appeal primarily on procedural grounds, as the case had proceeded on negligence and the defense was not afforded an opportunity to address battery. His judicial approach was described as thoughtful, insightful, and pragmatic. Linden served on the Superior Court until 1983, when he resigned to become president of the Law Reform Commission of Canada.

Tenure on the Federal Court of Appeal

Allen Linden was appointed a judge of the Federal Court of Appeal in 1990. He served on the court until his retirement in 2009, a tenure of nearly two decades that represented his longest period of judicial service. Although the Federal Court of Appeal's jurisdiction rarely encompassed tort law—his primary field of expertise—Linden applied his scholarly background to the diverse matters before the court. He sought to interpret technical areas of law, particularly tax matters, with a social perspective and concern for human impact. Some of these rulings, however, were not upheld by the Supreme Court of Canada. Linden valued the court's itinerant structure, which allowed panels to hear cases across Canada rather than requiring litigants to travel to Ottawa. In 2009, he described the institution as a "People's Court" that travels "from coast to coast to coast" to serve Canadians more accessibly. As a bilingual judge, he was able to conduct proceedings in either English or French. Colleagues highlighted his distinctive ability to humanize the law and infuse technical rulings with compassion and pragmatism.

Later teaching and affiliations

Teaching at Pepperdine University and other institutions

After retiring from the Federal Court of Appeal, Allen Linden continued his engagement with tort law education as a Distinguished Visiting Professor and adjunct faculty member at Pepperdine University School of Law in Malibu, California, where he taught tort law classes primarily during the spring semesters for many years. He also served as a long-time member of the school's Board of Visitors, contributing to its governance and community. Linden divided his time between Malibu and Toronto, spending half the year in each location, and maintained his teaching commitment at Pepperdine every spring until the winter of 2016–2017, when illness forced him to stop. His presence enriched the institution, with faculty noting that adding such a preeminent torts expert and distinguished international jurist represented a "double win" for the school. He was deeply beloved within the Pepperdine community, where deans and colleagues described him as an extraordinary teacher and role model whose engaging personality and powerful intellect left a lasting impression on faculty, staff, and students alike. In 2005, Pepperdine honored his extensive contributions to tort law scholarship and teaching with the John G. Fleming Award in Torts, presented during an event celebrating his influence in the field. The school later hosted an international conference recognizing his work in tort law.

Personal life

Marriages and family

Allen Linden was married three times. He first married his high school sweetheart Bambi Shafran in his early twenties, and together they raised three daughters. That marriage lasted roughly a quarter-century before ending. In 1984, Linden married Marjorie Anthony, a broadcast executive who had managed the Smothers Brothers comedy team. Marjorie Anthony Linden died in 2013. In 2015, he married Joanna Maxwell, who survived him at the time of his death. Linden had three daughters—Wendy, Lisa, and Robyn—all of whom became lawyers and married lawyers. Wendy married Stephen Firestone, Lisa married Andrew Wiseman, and Robyn married David Weinberger. Linden's brother, Sidney B. Linden, served as a judge on the Ontario Court of Justice.

Personal interests and media appearances

Allen Linden was known for his engaging and joyful personality, characterized by a perpetual smile and a natural sense of humor that endeared him to colleagues and friends alike. His warm humor and buoyant demeanor made his joy warmly contagious, often leaving a positive and inspirational impact on those around him. Outside his legal and academic career, Linden pursued personal interests in film as a member of the Malibu Film Society. This interest aligned with his part-time residence in Malibu, where he spent half the year while teaching at Pepperdine University. Linden maintained a limited presence in media and entertainment, appearing as himself in two productions. He featured in the 1996 short documentary The Paisley Snail, which explores the landmark tort case Donoghue v Stevenson, and in a 2014 episode of the TV series Katie Chats.

Death and legacy

Death

Allen Linden died on August 23, 2017, in Toronto, Ontario, at the age of 82 after battling pancreatic cancer. He passed away peacefully in his Toronto home, surrounded by his family. Linden was predeceased by his second wife, Marjorie Anthony, in 2013. A funeral service was held on August 25, 2017, at Benjamin’s Park Memorial Chapel in Toronto, followed by interment at Mt. Pleasant Cemetery. Memorial donations were directed to the Princess Margaret Foundation or the Temmy Latner Palliative Care Centre.

Awards, honors, and lasting impact

Allen Linden was appointed an Officer of the Order of Canada on May 7, 2015, and invested on November 18, 2015, in recognition of his contributions to jurisprudence as a judge and scholar. The honour acknowledged his transformative role in Canadian tort law during a career spanning academia, law reform, and the judiciary, where he helped evolve the field into an effective mechanism for delivering justice to wronged individuals. He also received the John G. Fleming Award in Torts in 2005 for his outstanding contributions to tort law on a comparative and international level, recognizing him as Canada’s leading torts scholar and a key figure in promoting a distinctively Canadian approach to the subject. In 2011, Linden was awarded the David Walter Mundell Medal jointly with Kent Roach for distinguished contributions to law and letters, particularly for authoring the definitive Canadian text Canadian Tort Law, which was then celebrating its 40th anniversary and ninth edition. Linden is regarded as the dean of tort law in Canada and the architect of its modern framework, having ushered in an era that moved beyond mechanical reliance on English precedents to incorporate public-policy considerations and emphasize tort law’s role as a form of ombudsman enabling citizens to seek redress from powerful entities. His seminal textbook Canadian Tort Law, first published in 1972, and the accompanying casebook Canadian Tort Law: Cases, Notes & Materials, now in its 17th edition, remain foundational works that have shaped legal education, scholarship, and practice across generations. These texts, continued by co-authors after his death, reflect his enduring influence through policy advocacy, mentorship, and a generous vision of tort law as a humane tool for addressing social harms. Colleagues and institutions highlighted Linden’s brilliance, humanity, and inspirational presence. At Pepperdine University, where he served as a Distinguished Visiting Professor teaching torts for many years, deans and professors described him as a preeminent expert, extraordinary teacher, thoughtful jurist, and beloved figure whose intellect, joy, and kindness left a profound mark on the global tort law community. A festschrift titled The Joy of Torts was published in his honour, and tributes emphasized his contagious enthusiasm and ability to humanize the law while inspiring students and scholars worldwide. His lasting impact endures through these ongoing scholarly works, the continued influence of his mentees, and his shaping of Canadian tort law as a vital instrument of justice.

References

  1. https://www.theglobeandmail.com/news/national/lawyer-allen-linden-won-thalidomide-compensation/article36281616/
  2. https://www.gg.ca/en/honours/recipients/146-4643
  3. https://law.pepperdine.edu/newsroom/articles/memoriam-justice-allen-m-linden.htm
  4. https://malibutimes.com/article_8456b026-9331-11e7-b308-ef26d5311085
  5. https://www.legacy.com/ca/obituaries/theglobeandmail/name/allen-linden-obituary?id=41413972
  6. https://law.pepperdine.edu/surf-report/posts/in-memoriam-justice-allen-m-linden.htm
  7. https://web.archive.org/web/20070726233710/http://www.fca-caf.gc.ca/about/bios/linden_e.shtml
  8. https://www.osgoode.yorku.ca/faculty/full-time-fac-histor/
  9. https://www.encyclopedia.com/international/encyclopedias-almanacs-transcripts-and-maps/linden-hon-allen-martin-qc-ba-llb-llm-jsd
  10. https://ciaj-icaj.ca/wp-content/uploads/documents/import/1994/LINDEN.pdf?id=1484&1754767772
  11. https://ciaj-icaj.ca/wp-content/uploads/2016/05/roleciaj.pdf
  12. https://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1004&context=plr
  13. https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=2209&context=ohlj
  14. https://www.nytimes.com/1969/08/24/archives/canadians-acting-to-aid-crime-victims.html
  15. https://www.justice.gc.ca/eng/rp-pr/csj-sjc/ilp-pji/lr-rd/page12.html
  16. https://rayneslaw.com/wp-content/uploads/2018/06/Completing-the-Mission.pdf
  17. https://www.fca-caf.ca/en/pages/about-the-court/judges
  18. https://store.lexisnexis.com/en-ca/canadian-tort-law-cases-notes-and-materials-17th-edition.html
  19. https://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1221&context=plr
  20. https://www.imdb.com/name/nm0511620/
  21. https://www.legacy.com/ca/obituaries/theglobeandmail/name/allen-linden-obituary?id=41413961
  22. https://news.ontario.ca/en/bulletin/20548/honouring-excellence-in-legal-writing
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