Canada Case Law

Thurber v. Thurber Estate

Court

Supreme Court of Nova Scotia

The Court dismissed the proprietary estoppel claim because applicants failed to prove an unambiguous promise, reasonable reliance and resultant detriment on a balance of probabilities; the TFMA claim was dismissed because the testator's decision to leave his entire estate to his spouse was within the range of reasonable testamentary options given the spouse's dominant legal and moral claims and the estate's composition and size, so no variation was warranted.

Source excerpt

• Testators' family maintenance act (tfma)
• Proprietary estoppel
• Will variation
• Transfer of fishing licence
• Evidence admissibility

Read case analysis

Abstract Projects Inc. v. The Owners, Strata Plan EPS6069

Court

Supreme Court of British Columbia

The Court held the parking lease could not override limited common property designations without compliance with the Strata Property Act, and denied the petitioners' requested relief.

• Limited common property
• Lease assignment
• Subdivision by lease
• Disclosure statements
• Compliance/assumption agreements
• Contract interpretation

Read case analysis

Kleineniggenkemper v. Spieker

Court

Supreme Court of British Columbia

The British Columbia Supreme Court dismissed purchasers’ claims over access to an off-site water source, finding no fraudulent misrepresentation, breach, negligent misrepresentation, or proprietary estoppel.

• Easement
• Fraudulent misrepresentation
• Negligent misrepresentation
• Property disclosure statement
• Caveat emptor
• Entire agreement clause

Read case analysis

Englehart v. Holt

Court

Supreme Court of British Columbia

The court held there was no binding oral contract, interpreted Easement 149 as not allowing the defendants’ excessive fill and elevation changes, and ordered remediation of Lot 1.

• Easement interpretation
• Excessive user
• Public road dedication clause
• Remediation order
• Oral contract formation
• Pleadings amendment

Read case analysis

Clare’s Cove Marina Ltd. v. Salmon Arm (City)

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal ordered partial security for costs and for the trial judgment, and stayed the appeals until payment, given the appellants’ impecuniosity and weak merits.

• Security for costs
• Security for judgment
• Special costs
• Impecuniosity
• Stay of proceedings
• Credibility findings

Read case analysis

Clare’s Cove Marina Ltd. v. Salmon Arm (City)

Court

Supreme Court of British Columbia

The court dismissed claims for contract, negligent misrepresentation and proprietary estoppel arising from a failed marina purchase and redevelopment, and awarded mesne profits to the City.

• Agreement to lease
• Offer and acceptance
• Intention to create legal relations
• Negligent misrepresentation
• Proprietary estoppel
• Mesne profits

Read case analysis