Taylor, T: Judicature Act and Rules, 1881

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Taylor, T: Judicature Act and Rules, 1881

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Excerpt from The Judicature Act and Rules, 1881: And Other Statutes and Orders Relating to the Practice of the Supreme Court of Judicature for Ontario, With Notes

A preface, although usually without excuse or justification (save custom), may in this case be of some service. The Ontario Judicature Act, while based largely upon the English Acts, effects a more complete annihilation of all distinction between the jurisdictions of the Courts. In England the Chancery Division still retains exclusive jurisdiction over the various classes of actions which, under the previous practice, were more particularly within the category of Chancery causes as, for example, administration, mortgage and partnership actions, and those with reference to trusts, specific perform ance, rectification of deeds, wardship of infants, etc., etc. The Ontario Act abolishes all distinction, gives each Court the jurisdiction formerly possessed by all of the others, and recognizes as the only ground for the transfer of an action from one Court to the other the necessity for the equalization of the business of the Courts, or the existence of some other action with which it should be connected. (0. XLV.)

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