Is the course of dealing test a species of estoppel?
Ontario, Canada
The following excerpt is from Hansen Estate v. Hansen, 2012 ONCA 112 (CanLII):
In describing the course of dealing test, the reasons of the vice-chancellor in Williams v. Hensman do not refer to the doctrine of estoppel, nor do his reasons invoke the concept of detrimental reliance. It is possible that Southin J.A. may have [page256] viewed the course of dealing test as a species of estoppel because both legal principles are designed to prevent unfairness or injustice as between the parties. However, the elements of each doctrine are different, as are the requirements of proof.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When dealing with punitive damages, when dealing with compensatory damages, does the court have a much greater scope and scope on appeal? (Ontario, Canada)
Can a reprisal complaint be brought against the Ministry of Justice for a statement made in the course of a civil proceeding? (Ontario, Canada)
Is a voir dire testimony held during the course of a trial considered to be evidence in a Charter application? (Ontario, Canada)
What is the test for a motion of estoppel? (Ontario, Canada)
Is a summary judgment motion the appropriate vehicle for adjudication of claims arising from a failed real estate deal like this? (Ontario, Canada)
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)
What is the test for estoppel by acquiescence? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
