Gen X at 40

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Matthew Fletcher -

Here in Ottawa there were 3 or 4 days in a row in June that we had 30+ temperatures. I thought summer had finally arrived; turns out that was summer.

Alan -

Thrill to this extended comment from this source:

The statute of Upper Canada which in 1792 introduced the "laws of England" as the rule for the decision of all matters of controversy relative to property and civil rights, also provided that all matters relative to testimony and legal proof in the investigation of fact and the forms thereof in the several courts of law and equity within the province should be regulated by the rules of evidence established in England (b).

(a) In substance Sec. Sec. 31, 32 and 33 are parts of an article under the title "Law and Equity in Upper Canada" by the present writer published in 64 University of Pennslyvania Law Review, pp. 1-21 (Nov., 1914) and 34 Canadian Law Times, pp. 1130-1146 (Dec, 1914). In that article a more extended account is given of the establishment in 1837 of a court of equity, and of the inconveniences resulting from the lack of equitable jurisdiction.

(b) 32 G. 3, c. 1; R.S.O. 1914, c. 101. The effect, generally speaking, was to supersede the French Canadian law which had theretofore been the rule for the decision of matters of controversy relative to property and civil rights and to adopt the English common law as of the 15th of October, 1792. It was held that the terms of the statute did not "place the introduction of the English law on a footing materially different from the footing on which the laws of England stand in those colonies in which they are merely assumed to be in force, on the principles of the common law, by reason of such colonies having been first inhabited and planted by British subjects." Doe dem. Anderson v. Todd, 1845, 2 U.C.R. 82, at p. 86. In other words, such portions of the common law as were not reasonably applicable

When this statute was passed there existed in the province local courts of common pleas surviving from the period prior to the division of Quebec into the two Canadas. The legislature also created in the same year local courts of requests for the trial of small causes (c). Neither the courts of common pleas nor the courts of requests were bound by the strict rules of the common law. In 1794, however, the courts of common pleas were superseded by the Court of King's Bench for Upper Canada (d), from which an appeal lay to the governor and council of the province. From that date until .1837 there was no superior court with any equitable jurisdiction.

Jay Currie -

Out here we had one week of record breaking heat 100F for about three hours. It is now back to normal and, yesterday, the first crispness of Fall was in the air.

On equity: prerogative writs for all I say.

Alan -

"prerogative writs for all I say"

Hah! Give me the accounting...

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