Abstract

This paper serves to introduce the reader to the concept and use of the term equity and its place in modern systems of law. The paper begins in the middle of history - with the curious cases of Sir Mathew Begbie, who served as the first chief judge for the colony of British Columbia. Sir Begbie served as both a common law judge and a judge in a court of chancery - and in one particular matter found himself in the position of ruling for a party in the common law court on one day and then overturning himself the following day in the court of chancery. To explain this the author delves into the history of the of courts in England and their merger into a single system under the Judicature Act He concludes with the observation that the bodies of law merged procedurally, however in terms of substantive law each one continues to develop to this day.

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