How have courts interpreted the meaning of the common law in the context of common law?

Manitoba, Canada


The following excerpt is from Winnipeg (City) v. Torchinsky, 1981 CanLII 2727 (MB QB):

In Cooper v. Board of Works for Wandsworth District (1863), 32 L.J.C.P. 185, Byles J. pointed out [paraphrased]: ". . . although there are no positive words in a statute requiring that the party shall be heard, yet the justice of the common law will supply the omission of the legislature."

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