Does the doctrine of approbation and reprobation prohibit a party from "blowing hot and cold" or "accepting and rejecting the same instrument"?
Ontario, Canada
The following excerpt is from Fram Elgin Mills 90 Inc. v. Romandale Farms Limited et al., 2019 ONSC 5322 (CanLII):
The doctrine of approbation and reprobation prohibits a party from “blowing hot and cold” or “accepting and rejecting the same instrument”. In other words, a party is prohibited from asserting at one time that a transaction is valid and thereby obtaining some advantage to which the party could only be entitled if the transaction was valid, but then turning around and saying it is invalid for the purpose of securing some other advantage: see Angelini v. Angelini, 2008 CanLII 151 (ON SC), [2008] O.J. No. 30 (S.C.) at paras. 39-46.
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