News

The Schulich School of Law extends its sympathy and condolences to the family, friends, and colleagues of The Honourable (retired) Justice F.B. William Kelly, who died on Friday, May 13, at age 79.

Justice Kelly retired from the Nova Scotia Supreme Court in September of 2009 after 24 years on the Bench. He was a judge of the Nova Scotia Family Court in 1984 for Sydney; the following year, he was appointed a judge of the Nova Scotia Supreme Court, Trial Division, and when that court merged with the County Court in 1993, as a member of the Nova Scotia Supreme Court.

Born and raised in Charlottetown, Justice Kelly attended St. Dunstan’s University at UPEI, where he obtained a BA, and Dalhousie Law School, where he earned an LLB in in 1967. He was admitted to the Nova Scotia Bar in 1968, served on the Nova Scotia Bar Society Council for several terms, and was appointed Queen’s Counsel in 1983. At the beginning of his career, Justice Kelly practiced civil litigation and criminal law in Port Hawkesbury, N.S. He also served as a labour arbitrator and Small Claims Court adjudicator.

During his time on the Bench, Justice Kelly authored and presented many papers on judicial independence, the relationship between the press and the judiciary, and the role of victims in the courts. Described by his colleagues as a true “gentleman of the law,” he served as a member on a number of Supreme Court and Bar/Bench committees.

He showed respect for social assistance recipients, an understanding of their disadvantaged position, and a dedication to applying the law in a sophisticated and even-handed way. — Professor Rollie Thompson

“I remember in particular my appearances before Justice Kelly in social assistance review cases, when I was at Dalhousie Legal Aid,” says Professor Rollie Thompson, QC. “He showed respect for social assistance recipients, an understanding of their disadvantaged position, and a dedication to applying the law in a sophisticated and even-handed way. For many years, Justice Kelly also came to our Civil Procedure class at the law school and offered a superb lecture to our students about Chambers practice.”

Among his myriad roles, Justice Kelly was co-chair of the Judicial Development Committee established by the Chief Justices and Chief Judges of the province, which developed a pilot program to improve judicial performance and education. The program was the first of its kind in Canada involving judicial assessment.

Justice Kelly is survived by his wife, Helena Dowling-Kelly; children Lawrence, Heidi, and Shannon; and grandchildren Sarah, Liam, Jeremy, Kathleen, Conlon, and Finn. He also leaves behind his siblings, Loretta Butler and Jimmy Kelly, and many nieces and nephews.