Canada Case Law

Integrum Painting v. BANC Investments Limited

Court

Supreme Court of Nova Scotia

The March 5, 2025 correspondence did not, on its proper objective construction and having regard to surrounding communications and conduct, amount to a contractual "finding" that would trigger GC 8.2.2; alternatively, the Respondent is estopped from asserting the March 5 letter was a finding because its words and conduct reasonably induced the Applicant to treat the communications as settlement negotiations; accordingly the Applicant's delay claim remains extant and the parties are entitled to pursue the contractually prescribed ADR or court processes under GC 8.2.7 and GC 8.3.1.

Source excerpt

• Delay claim
• Notice requirements
• Construction manager finding
• Waiver
• Mediation
• Holdback

Read case analysis

O'Regan Chevrolet Buick GMC Cadillac Limited v. Billingsley

Court

Nova Scotia Small Claims Court

Because the Claimant represented the Defendant would be given an opportunity to arrange for takeover of the lease, the Defendant relied on that representation to his detriment, and the Claimant then sold the vehicle without reasonable notice, the Claimant is estopped from enforcing the deficiency claim; the claim is dismissed.

Source excerpt

• Guarantor liability
• Repossession and resale
• Equitable estoppel
• Forbearance
• Deficiency claim

Read case analysis

Stanton v. Stanton et al.

Court

Supreme Court of Nova Scotia

Defendants failed to prove adverse possession because occupation of the Fish House was consistent with the owners’ intended use and was permissive; prior owners (and Stanley) had communicated permission to use the Fish House so possession was not adverse. Although a prescriptive easement by 25 years' uninterrupted use would have arisen, defendants lack a dominant tenement because they did not establish possessory title, so the easement can only be used temporarily to remove the Fish House. Proprietary estoppel failed because required elements (mistake as to rights, landowner’s knowledge of th…

Source excerpt

• Adverse possession
• Prescriptive easement
• Proprietary estoppel
• Trespass to land
• Nuisance
• Punitive damages

Read case analysis

Brander v. Peers

Court

Supreme Court of Nova Scotia

No binding rent-to-own contract existed because essential terms were not agreed and the parties intended to obtain legal advice and execute a formal contract; proprietary estoppel failed because there was no unambiguous assurance and any reliance was unreasonable; the Court exercised jurisdiction over the residential tenancy claim, found a month-to-month tenancy, and awarded limited remedies for statutory breaches and unpaid rent; specific performance, estoppel-based title transfer, aggravated and punitive damages were denied.

Source excerpt

• Specific performance
• Proprietary estoppel
• Breach of contract
• Eviction
• Statutory tenancy obligations
• Damages

Read case analysis

Gill v. Gill

Court

Supreme Court of British Columbia

The court revoked a probate grant for defective notice, dismissed a statute-bar and estoppel-based dismissal application, and allowed pleadings to be amended.

• Notice of probate application
• Revocation of probate grant
• Wills variation and limitation periods
• Deemed delivery by ordinary mail
• Reasonable diligence in service
• Estoppel by release/consent

Read case analysis

Trejo v. Pro-Align Heavy Suspensions Ltd.

Court

Supreme Court of British Columbia

Appeal from a small claims employment dispute over wages, hours worked, and the reliability of reconstructed payroll records. The court allowed the appeal in part and set aside the employer’s claim.

• Unpaid wages
• Overpayment/recoupment
• Contract interpretation (salary vs hourly)
• Hearsay and admissibility of digital/business records
• Burden of proof
• Credibility findings

Read case analysis

Pirooz v. Levi

Court

Supreme Court of British Columbia

The court dismissed the claim against Olga Kouptsova, finding the pleadings and evidence did not establish an agency relationship with David Levi.

• Summary dismissal
• Agency pleading requirements
• Estoppel by representation
• Pleading standards
• Special costs
• Summary-dismissal

Read case analysis

Dixon v. McNicol

Court

Nova Scotia Small Claims Court

The adjudicator found the claimant proved entitlement to judgment on the settlement claim and awarded $21,100 plus the filing fee of $199.35, concluding that the evidence established the claim and that issues such as third‑party beneficiary status did not preclude granting judgment; the estoppel argument was unnecessary to decide.

Source excerpt

• Settlement enforcement
• Third‑party beneficiary
• Estoppel
• Service of process
• Costs award

Read case analysis

The Commonwell Mutual Insurance Group v. Campbell

Court

Court of Appeal for Ontario

The Court dismissed the appeal and upheld the application judge's estoppel finding: Commonwell's appointment of counsel and conduct of the defence for approximately ten months induced detrimental reliance by Campbell, so Commonwell is estopped from invoking the unowned registrable vehicles and consent exemptions to refuse to defend or indemnify him.

Source excerpt

• Duty to defend
• Indemnity
• Waiver
• Estoppel
• Reservation of rights
• Coverage denial

Read case analysis

Dodsworth v. Madill

Court

Supreme Court of British Columbia

The court interpreted a registered easement over Lot 4, found a dwelling substantially encroached on the right of way, and ordered removal by December 1, 2019.

• Interpretation of easement
• Encroachment
• Declaratory relief
• Mandatory injunction
• Estoppel
• Damages

Read case analysis