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

Authors

  • DONOVAN WM WATERS

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.

Keywords:

Rule of Law

Downloads

Total Downloads:

Download data is not yet available.

Downloads

Published

2001-03-01

Issue

Section

Legal Commentary

Similar Articles

<< < 1 2 3 4 5 6 7 8 9 > >> 

You may also start an advanced similarity search for this article.