Add to ORKGThis work examines the scope of the divide between legal and equitable jurisdictions in Canadian law. It focuses in particular on the divide between legal and equitable remedies, which continues to mold the remedial approach in modem Canada. It is concluded is that the strict separation between legal and equitable remedies is detrimental to legal evolution. The judicial system must strive to serve justice by embracing a flexible and responsive remedial approach. The retention of a division between law and equity inhibits the legal response to the demands of an evolving society. Arguments based in history no longer justify a restrictive and divided remedial jurisdiction. It is accepted that history and precedent cannot be abandoned ...
Administrative law in Canada, as in many other Commonwealth countries, centers around judicial revie...
Equitable remedies have begun to play a critical role in addressing some of the systemic issues in c...
This Article describes and interrogates a phenomenon of spillovers across remedies—how the legal sta...
Most spheres of life are now regulated by statute. Many such statutes give courts both specific and ...
Administrative law in Canada, as in many other common law countries, centres around judicial review ...
Equity, in its broad understanding, has long been a fundamental part of law. Its history may be trac...
Equity, in its broad understanding, has long been a fundamental part of law. Its history may be trac...
This paper explores the concept of meaningful remedies for individual and classes of litigants in la...
Encyclopedia entry on Equity and Equitable Remedies in the Encyclopedia of the American judicial sys...
The civil access to justice problem in Canada is recognized as a crisis, but even with widespread ju...
It is argued that the equitable remedies of injunction and specific performance have become routine ...
The story of institutional law reform in Canada has been described by one veteran as ‘somewhat troub...
Often, private law remedies enforce or vindicate infringed underlying rights. Substantive remedies a...
Although both the Canadian Charter and the United States Constitutions protect persons from denial o...
Equity, that ancient and amiable dowager of Anglo-American law, often appears to have ambled through...
Administrative law in Canada, as in many other Commonwealth countries, centers around judicial revie...
Equitable remedies have begun to play a critical role in addressing some of the systemic issues in c...
This Article describes and interrogates a phenomenon of spillovers across remedies—how the legal sta...
Most spheres of life are now regulated by statute. Many such statutes give courts both specific and ...
Administrative law in Canada, as in many other common law countries, centres around judicial review ...
Equity, in its broad understanding, has long been a fundamental part of law. Its history may be trac...
Equity, in its broad understanding, has long been a fundamental part of law. Its history may be trac...
This paper explores the concept of meaningful remedies for individual and classes of litigants in la...
Encyclopedia entry on Equity and Equitable Remedies in the Encyclopedia of the American judicial sys...
The civil access to justice problem in Canada is recognized as a crisis, but even with widespread ju...
It is argued that the equitable remedies of injunction and specific performance have become routine ...
The story of institutional law reform in Canada has been described by one veteran as ‘somewhat troub...
Often, private law remedies enforce or vindicate infringed underlying rights. Substantive remedies a...
Although both the Canadian Charter and the United States Constitutions protect persons from denial o...
Equity, that ancient and amiable dowager of Anglo-American law, often appears to have ambled through...
Administrative law in Canada, as in many other Commonwealth countries, centers around judicial revie...
Equitable remedies have begun to play a critical role in addressing some of the systemic issues in c...
This Article describes and interrogates a phenomenon of spillovers across remedies—how the legal sta...