Can comments of an adjuster that there was no need to sue and that the vehicle loss would be paid amount to promissory estoppel?
Ontario, Canada
The following excerpt is from Whorpole v. Echelon General Insurance, 2011 ONSC 2234 (CanLII):
To begin with, the comments of the adjuster that there was “no need to sue” and that the vehicle loss would be paid could amount to promissory estoppel. If proven, promissory estoppel can operate as an answer to a limitation defence: Maracle v. Travellers Indemnity Co.of Canada, 1991 CanLII 58 (SCC), [1991] 2 S.C.R. 50. I acknowledge that the defendant has filed copies of several letters that advised the plaintiff that there was a one-year limitation period that expired on October 3, 2008. The letters did not, however, make it clear that he would have to sue Echelon by that date. The impact of these letters, and their apparent conflict with the alleged verbal assurances that the plaintiff did not need to sue, and would be paid the amount of the vehicle loss, are matters that need to be addressed by the trial judge in determining whether promissory estoppel has been made out.
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