Administrative note

Virtual Campus site is alive!

 Today:
1. Finish History and Heritage of
the
Canadian Legal System

2. Introducing divisions of law

Joining of Common Law and
Equity
Rules of law and equity
96.(1)Courts shall administer concurrently
all rules of equity and the common law.
R.S.O. 1990, c. C.43, s. 96 (1); 1993,
c. 27, Sched.
Rules of equity to prevail
(2)Where a rule of equity conflicts with a
rule of the common law, the rule of equity
prevails. R.S.O. 1990, c. C.43, s. 96 (2);
1993, c. 27, Sched.
Courts of Justice Act, R.S.O. 1990, C.43.
Political Developments and the
Courts
• Parliament composed of regional
representatives
• Acted as court of last resort
• 1332: Split into House of Commons
and House of Lords
• Lords retain judicial function today
• Parliamentary Supremacy,
Responsible Government, and Judicial
Independence
Adoption of English Law in
Canada
• Date of Introduction vs. Date of
Reception
• Continued oversight by Judicial
Committee of the Privy Council until
1949
• Confederation through the BNA
(Constitution Act, 1867)
Introducing Divisions
of Law
System of writs
led to modern
branches of law
Contract Law: covenant,
assumpsit, debt

Tort Law: trespass vi et armis,

trespass
on the case, trover

Administrative Law:
certiorari,
habeus
corpus
modern divisions in law

but also

recent collapsing of
divisions
 Conflict of Laws

Domestic vs. Foreign Law

Domestic vs. International Law
Domestic vs. Foreign
Laws
Conflict of Laws example
Morguard Investments Ltd. v. De Savoye,
[1990] 3 S.C.R. 1077.
Conflict of Laws example
Morguard Investments Ltd. v. De Savoye,
[1990] 3 S.C.R. 1077.

De Savoye

Morguard Investments
Conflict of Laws example
Morguard Investments Ltd. v. De Savoye,
[1990] 3 S.C.R. 1077.

De Savoye

Morguard Investments

Ratio: “real and substantial

connection”
Conflict of Laws example 2
Unifund v. ICBC, [2003] 2 S.C.R. 63, 2003
SCC 40.
Conflict of Laws example 2
Unifund v. ICBC, [2003] 2 S.C.R. 63, 2003
SCC 40.
Marcia and Ronald Brennan

Owner, driver Unifund

and garage of
Ontario
Insurance Corp
Conflict of Laws example 2
Unifund v. ICBC, [2003] 2 S.C.R. 63, 2003 SCC
40.
Marcia and Ronald Brennan

Owner, driver Unifund

and garage of Ontario
Insurance Corp
of British Columbia
Ratio: Ontario Insurance Act inapplicable to
ICBC
Domestic vs. International
Law
Domestic vs. International
Law
• Treaties
• Domestic law
• International courts and tribunals
• Application of Canadian law in Canada to
nonCanadians
• Application of Canadian law outside
Canada
Application of Canadian law
outside Canada

6. (2) Subject to this Act or any other Act of

Parliament, no person shall be convicted
or discharged under section 730 of an
offence committed outside Canada.
Criminal Code of Canada, R.S., 1985, c. C-
46, s. 6.

Anyone with internet access? Look up ss. 7(1)(b)

and 7(2.31).
 Form vs. Substance

Procedure vs. Substantive

Law
Substantive Law
• Establishes legal relations
• Provides for substantive rights
• Provides for consequences of violations
• Substantive law applied as at time of
events
Procedural Law
• Deals with the legal process used to
enforce substantive rights
• Different areas of substantive law have
different procedural rules
• Provides for process, parties, limitations,
appeals and review, evidence, questioning
• Procedural law applied as at time of trial
Evidence
• A branch of procedural law
• Differs in different areas of law
• Best Evidence rule
• “Hearsay”
• General rule: To be admitted, evidence
must be
relevant and reliable
• “Examination in chief” vs. “Cross-
examination”
Distinguishing Proc. and
Subst. rights
• Substantive law applied as at time of
events
• Procedural law applied as at time of trial
• Courts required to categorize rights

• Justification for this difference?

For next class…

Legal Reasoning
• Pages 114-131

• In class, we will discuss the cases on

pp. 132-146 (Carbolic Smokeball and
Donoghue v. Stevenson)