History of Law in Sask

Development of engligh legal system timeline

prior to 1066 ad
- localized laws
- divided kingdoms
after the norman conquest of 1066 ad
- centralized laws
- kings bench ruled

the different types of kings counsel court systems

court of exchequer (financial disputes and taxation issues), court of common pleas (personal property) court of kinds bench (appeals from the above courts, crimes, fines)

ALL TYPES OF COMMON LAW

The Common Law

• developed principles based statements of the law

• applicable to everyone

• judges making a decision

statutte law vs common law

laws passed by legislature of parliament, can be a codification of the common law (ex- family property act which says 50/50 split for divorce law)

development of equity

• systems were extremely strict and people found it hard to understand which court system their problem fell under.

• developed a 4th court system- the court of equity/the court of chancery/the keeper of kinds conscience

• did this so people had another was to have their dispute determined ever though they might have had it wrong

The court of chancery

acted on discretion and good conscience, developed its own body of rules, laws of equity

laws of equity

maxims of equity (basic rules which govern equitable relief), doctrines of equity (types of relief that are granted by the courts)

the three maxims of equity:

1. Looking upon that as done which ought to have been done (what the parties intended from the original arrangement or what was the intention)

2. those which come into equity must come with clean hands (equity is a remedy, asking for the court system to do what’s right)

3. those seeking equity must do equity (equity is a shield and is not a sword, use as defence but not to get more than you ought to have)

doctrines of equity (Smart Eagles Cook Waffles, Making Really Large Umbrellas)

Subrogation, equitable conversion, contribution, waiver, marshalling of assets, relief against forfeiture of penalties, laches and acquiescence, unjust enrichment

Subrogation

when court substitute one part for another in order to assert a legal claim

equitable conversion

a type of specific performance, asking the court to force a sale of land in the event that the sale is incomplete.

contribution

when two or more people are obligated to the same debt or obligation

ex) co-morgaging a house with husband and wife, rent with roomates

waiver

• renunciation, repudiation, abandonment, or surrender of some right

• you need to know you have a legal right, without any doubt abandon the right

• ex) ski hill signing a waiver if you get hurt

three types of waivers (often an overlap)

express (written) implied (words), waived by silence

Marshalling of assets

making sure creditors get paid fairly when one can claim more than the other

Relief against Forfeiture of Penalties

when the other party has a legal right to do something, and you are asking the court that they do not do it.

considering the penalties and asking for indulgences for fairness.

ex) one year vs 26 years of being late to rent. 26 years might be more inclined to be able to use this equityable relief

Laches and Acquiescence

laches- a delay to a claim, generally 2 years is the sufficient time expiry

Acquiescence- you knew, but stayed quiet

unjust enrichment

three steps

1. the defendant was enriched

2. the plaintiff was deprived of something

3. there is no juristic reason as to why the deprivation occured

plaintiff vs defendant

the party suing vs the one defending

judicature act of 1870

• combined all the court systems into one, the court of kings bench

• can administer both common law and equity

• if conflict between the two, equity prevails

The law in sask

1867- the constitution act, created the court systems in Canada

1905- the saskatchewan act, sask adopted english laws