August 12, 2011 - Two Tracks

Like Railroad Tracks
The judicial system in Ontario and likely all of Canada is like railroad tracks—two district rails that never meet.

One rail represents common law and the other equity law. Common law deals with relationship issues between individuals (humans) and equity law, in the form of statutes, deals in the interactions and activities of legal fictions—corporations, trusts, the Public, government, agencies, and the like. The only person to which statute law can apply is the corporation.

The separation is such that neither court can 'hear' the arguments of the other. Common law claims, arguments, maxims, etc., as lawful and just as they are, cannot be heard by a judge or justice acting in an equity court. They will act as though they hadn't heard or read any argument relating to common law.

Common law is remedial, that is, its goal is to give remedy to an injury already having occurred against an other. It does not award a remedy in the case where the activity you engaged in might do injury to some one. An injury must have occurred already. This is handled in the Court of Queen's Bench or in Ontario it's in the Superior Court of Justice.

In Equity law no injury is necessary in order initiate an offence notice against you. In Equity law no injury is necessary, the possibility of injury to the public is enough if in a statute it is so stated. This becomes licence to severely infringe upon our freedoms. 

The responsibility then is on us to recognize the court/issue, and conduct our cause accordingly. When in an Equity court recognize this is about the conduct of a legal entity—a corporate entity or trust—and that you not liable for that entity. Make this fact clear to the court.

Use what you read here as a part of your research to establish your understanding.
Your actions remain your responsibility.
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