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and wmmon law were to exist in parallel within the renewed Court of Queen's Bench? Any action that would previously have been brought to Equity side could now be brought to Court of Queen's Ben&. Cases and proceedings were no longer to be restrained; al1 actions could be disposed of under the new wmprehensive jurisdiction. Where the niles of equity and law came into confl ict, those of equity were to prevail. Remedies were made available from each of the former sides. Injunctions, specific performance, and damages cuuld now be awarded as remedies for contemplated or actual injuries. Prohibitory injunctions would prohibit certain actions; mandatory injunctions would compel actions. Specific performance would compel the completion of a contract. Damages would provide compensation for an injury. Arrangements were made to accommodate pending cases.lg They were to be handled, up to the stage of trial or hearing, according to the previous practice, and afterward, according to the provisions of the new act.lm Where elements of a case continued over an extended period of time, the case was pemitted to wnclude under the provisions of the Winding Up ~ ct."~ The tenns of this act provided that "the winding-up of the business of the Company or any matter or proceeding relating thereto may be transferred from one court to another." The refons facilitated better carriage of justice and they also provided eohanced administrative efficiency. Equity and Common Law had previously required separated record keeping systems. Now a single system sufficed.
Benefits thus accrued to administration as well as ta justice. The Court of Queen's Bench in Equity was wnstituted in 1871, the same year that the Judicature Acts began the abolishment of England's Court of Chancery. Why was equity introduced into Manitoba at this time? As mentioned above, it was an English system of law that entered the western territory via the Hudson's Bay Company charter. That predisposed the inclusion of an equitable jurisdiction in Manitoba's cwrt system. The court and legal system of Ontario was transplanted, practically, from that province to Manitoba. Ontario's Court of Chancery was functioning during this period and that meant that the pattern in use there courd easil y be replicated. Why did Equity endure in Manitoba when it had ceased to exist in other provinces? Equitable doctrines tend to develop when the common law cannot meet the demands of a changing scciety. Equity established itself during the 1870s, along with other superior and inferior court jurisdictions. It served the administration of justice well through the rapid societal changes of 1 872 to the early 1880s. But as British-Ontarian society became entrenched, so did the court and legal "culture." It was, perhaps, to be expected that Manitoba would follow Ontario's lead and abolish its Court of Queen's Bench in Equity. Equity remains today an integral part of the justice system. It is partiwlarly important in the area of trusts, where its principles protect the interests of the beneficiary.lm With respect to wills, equity can alleviate a situation in which a settlement may be morally or ethically unacceptable, even
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MANITOBA COURT OF QUEEN'S BENCH IN
Page 3 and 4:
THE fr'NIVERSITY OF MANiTOBA FACULT
Page 5 and 6:
Equity jurisdiction is studied in d
Page 7 and 8:
Many people have influenced the wri
Page 9 and 10:
een undertaken on records and recor
Page 11 and 12:
investigation of the one may be use
Page 13 and 14:
intellectual, among its parts. Shoe
Page 15 and 16:
The works of the preceding authors
Page 17 and 18:
Review (winter 1989); The Legal Arc
Page 19 and 20:
confomed to the wrong for which he
Page 21 and 22:
The wrnrnand was conveyed through a
Page 23 and 24:
often bound by judgments based on p
Page 25 and 26: Nova Scotia originated as a "settle
Page 27 and 28: The registrar, assisted by the exam
Page 29 and 30: the closing of the court." In 1 899
Page 31 and 32: official accounts from district fun
Page 33 and 34: land ... which decreases the value
Page 35 and 36: upgrading of record keeping systems
Page 37 and 38: and judicial powen."= Macdonell, an
Page 39 and 40: Settlement ... or by the Company to
Page 41 and 42: the equity maxims and it may have b
Page 43 and 44: of most former ofFicials. This syst
Page 45 and 46: 10. Curzon, 1. 1 1. Ibid., 15. 12.
Page 47 and 48: 45. Ibid., 3. 46. C. J. Shepard, "C
Page 49 and 50: 81. Gibson and Gibson, 48. 82. Ibid
Page 51 and 52: attention of the province's first a
Page 53 and 54: Johnson (he did not actually serve)
Page 55 and 56: The Chief Justice shall make niles
Page 57 and 58: and enjoyed. by any of Her Majesty'
Page 59 and 60: It was as a pari of the superior co
Page 61 and 62: law of England, to a decree for res
Page 63 and 64: the case of the numbered treaties h
Page 65 and 66: December of the sarne year. One of
Page 67 and 68: have an adequate and complete remed
Page 69 and 70: James A. Miller, appointed puisne j
Page 71 and 72: As the years progressed and court b
Page 73 and 74: prosecutions for the Eastern Judici
Page 75: may be entitled to by law .... nlû
Page 79 and 80: 1. Gibson and Gibson, 60-63. Notes
Page 81 and 82: 30. Gibson and Gibson, 143. 31. Ibi
Page 83 and 84: 62. 18 Canada Law Journal (1880): 5
Page 85 and 86: 93. Walker to Hon. J.A. Miller, Oct
Page 87 and 88: Chapter 3 Manitoba Court of Queen's
Page 89 and 90: That the Master shall enter in a Bo
Page 91 and 92: Macdonald v Bray 61 0 Macdonald v R
Page 93 and 94: are gathered together under the new
Page 95 and 96: John, Merchant, Deceased.' Under th
Page 97 and 98: Digits are "squeezed in" as though
Page 99 and 100: appointed to Queen's Bench in Equit
Page 101 and 102: Chaffey for Plaintiff. On motion of
Page 103 and 104: Equity rehearings is not discemible
Page 105 and 106: The book was used until February 15
Page 107 and 108: information about the general progr
Page 109 and 110: specific to each action. Handwritte
Page 111 and 112: letter sections, but five vowel sub
Page 113 and 114: Letters in the first volume begin N
Page 115 and 116: witnesses, where, from cirwmstances
Page 117 and 118: chronological facts of the case, na
Page 119 and 120: 8. Michele Fitzgerald, A Research G
Page 121 and 122: 29. Ibid., 101 . 30. Foreclosure Bo
Page 123 and 124: Conclusion Manitoba's Court of Quee
Page 125 and 126: circumstances of their creation. Th
Page 127 and 128:
mandate and jurisdiction of the cre
Page 129 and 130:
Appendix A Records of Court of Quee
Page 131 and 132:
0, bO~NmrrrrNNNCVNmCC)mmmCI)m~mmm(r
Page 133 and 134:
Case files 6935-701 5 Case files 70
Page 135 and 136:
Year ending December 31, 1877. E.B.
Page 137 and 138:
J.H, lnkster - Extra Clerk to Queen
Page 139 and 140:
A.C. Killam - Puisne Justice J.F. B
Page 141 and 142:
J.F. Bain - Puisne Justice P.A. Mac
Page 143 and 144:
PRIMARY SOURCFS Aichibald, Adams G.
Page 145 and 146:
C lanch y, M. T. Frorn Memoty to Wn
Page 147 and 148:
Great Britain. Court of Chancery. L
Page 149 and 150:
Manitoba Free Press. April 2,1888;
Page 151 and 152:
Rules of the Court of Queen's Bench
Page 153:
Wood, Hon. E.B., Han. J. Dubuc, and
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A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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