The Role of Equity's Maxims in Canada

Abstract

This paper reviews the concept of equity's maxims in Canada. Recently, the Supreme Court of Canada has cited a number of maxims of equity and attributed to them the position taken by Spry, that the maxims reflect an ethical quality and values that inform the exercise of equity's discretion. In this paper I trace the development of the concept of equity's maxims to determine whether they have any relevance to courts today. I contrast treatment in the USA and suggest that equity's maxims still have some residual use in defining equity's distinctive methodology.

Keywords: equity. maxims, Canada, history, conscience