Manitoba Court of Queen's Bench in Equity, 1872-1895, a study in legal administration and records
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Date
2000-10-01T00:00:00Z
Authors
McCullough, Sharon Gail
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Abstract
The Manitoba Court of Queen's Bench in Equity began to administer justice in 1872. The operations of Equity generated a quantity of records that is valuable for its unique reflection of the court system and of the society from which that system sprang. This thesis postulates that Manitoba's Equity records were created to serve the administration of equitable justice, that equitable justice is based on the underlying need for equity, and that the need for equity has coursed through many centuries of Western judicial history. The thesis argues that equitable treatment has been applied in a continuously evolving court environment, and that equity remains today a critical element in the justice system. These posits are explored through three main themes. First, the thesis examines the development of equity in the English court of common law, and, later, in the court of Chancery. Second, the thesis considers the early histories of Manitoba's Court of Queen's Bench and Court of Queen's Bench in Equity. Last, the thesis focuses on the records themselves. (Abstract shortened by UMI.)