THE RECEPTION OF EQUITY IN THE SUPREME COURT OF CANADA (1875-2000)

Abstract

Historically equity has brought the principles of fairness and good faith into the private law. During the first period of the Court's existence (1875-1949) it simply applied English doctrine and precedents. In the second (1949-1975) it was more focussed on the themes of equity, especially conflict of interest and duty. But in the latest period (1975-2000), though not without there being difference of opinion, it has been creative, especially with equitable remedy. It has introduced good conscience liability, and required fiduciary standards of conduct where previously contract and tort alone supplied remedy.