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Authors

Elizabeth Brown

Document Type

Article

Abstract

The courts of common law and equity in Ontario were fused to create one Supreme Court of Judicature in 1881. In this new court, equity prevailed over common law and the procedure adopted drew more from Chancery than from common law practice. Earlier in the century, this triumph of equity would have been predicted by very few. Although the need for equity to complement the common law had always been recognized, the traditional administration of a separate court of Chancery was unpopular. Therefore, the introduction of equity into the province had been delayed for many years, despite the harsh legal consequences this entailed.

Creative Commons License

Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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