What is the effect of the Courts of Equity’s jurisdiction on the terms of a personal injury agreement?

Saskatchewan, Canada


The following excerpt is from Minshull v. Hudniuk, 1970 CanLII 639 (SK CA):

Viscount Haldane, in Drinkle v. Steedman (1916) 1915 CanLII 426 (UK JCPC), 9 WWR 1146, at 1148, [1916] 1 AC 275, 85 LJPC 79, 33 WLR 483, 25 DLR 420, reversing (1914) 1913 CanLII 192 (SK CA), 5 WWR 706, 7 Sask LR 20,14 DLR 835, states to the same effect, the full quotation being: “ * * * Courts of Equity,: which look at the substance as distinguished from the letter of agreements, no doubt exercise an extensive jurisdiction which enables them to decree specific performance in cases where justice requires it, even though literal terms of stipulation as to time have not been observed. But they never exercise this jurisdiction where the parties have expressly intimated in their agreement that it is not to apply, by providing that time is to be of the essence of their bargain. If, indeed, the parties, having originally so provided, have expressly or by implication waived the provision made, the jurisdiction will again attach.”

Other Questions


Can a defendant set up a defence for personal injury in a personal injury case? (Saskatchewan, Canada)
How have the courts interpreted a compromise agreement in a personal injury case? (Saskatchewan, Canada)
Can a defendant in a personal injury case treat the abandonment of an agreement as abandoned? (Saskatchewan, Canada)
Can a person adopted in a jurisdiction not recognizing adoption claim the status of a “child” in a similar jurisdiction? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
What is the legal position of a court-appointed receiver and manager in a personal injury action? (Saskatchewan, Canada)
What is the effect of requiring payment to a defendant in a personal injury case? (Saskatchewan, Canada)
What is the test for damages in a personal injury action brought by a defendant who failed to appear in court? (Saskatchewan, Canada)
Can a contract be set aside in equity because of a common misapprehension as to the effect of the terms agreed upon? (Saskatchewan, Canada)
Does the Court of Appeal have any jurisdiction to interfere in a finding of fact from the lower courts? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.