What is the effect of "palm tree justice" on real property rights?

Ontario, Canada


The following excerpt is from Thompson v. Thompson, 1959 CanLII 40 (ON CA):

It seems to me that if the principle referred to by Lord Ever-shed in Rimmer v. Rimmer as “palm tree justice” were to be applied to determine the real property rights, it would be likely to give rise to much uncertainty in regard to the title and ownership of land, in that different Judges might well have different ideas as to the moral justice of a case and there are no established rules to guide Judges in the application of such a principle as is the case in applying established legal and equitable principles.

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