Preface to the First Edition

AuthorJeffrey Berryman
to the First Edition
The path taken by Canada w ith respect to the development of equity
and equitable remedies has been quite different from that trod by other
Commonwealth common law jurisdict ions, most notably the United
Kingdom, Australia, and New Zea land. In those countries one will f‌ind
an active scholarship on the role of equity, and in most law schools
a compulsory course can be found wit h the word “equity” in the
title. In Canada, however, there are few modern text s devoted to the
understanding of equity it self, although many are wr itten on aspects
of equity’s progeny, and it is more than likely that a law student will
graduate without being exposed to any systematic study of the law of
equity or even equitable remedies. This is not to suggest that this st ate
of affairs is necessarily bad, but simply to record an obser vation.
This book has been written to provide a quick reference to the law
that governs the gra nting of equitable remedies in common law Ca nada,
and will form a companion to Jamie Cassels’ book on common law
remedies. It is written to assist law students in t heir legal studies as
well as practitioners who require immed iate guidance on an area of
remedial law that is becoming increasingly important.
In the following chapters, after a brief h istory of equity, the law
relating to specif‌ic equit able remedies is detailed st arting with interlocu-
tory injunctions. This ty pe of injunction is one of the most frequently
sought equitable remedies. Available practically at any time of the d ay,
they are the law’s paramed ics — a quick response to ex panding court
dockets, complex multi-party litigation, and a remedy of choice giving

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