How have the courts interpreted estoppel against the true owner of a property?

Saskatchewan, Canada


The following excerpt is from St. Cyr v. Spencer Grain Co., Ltd., 1920 CanLII 195 (SK QB):

In London Joint Stock Bank v. Simmons [1892] A.C. 201, at p. 215, 61 L.J. Ch. 723, occurs the following: The general rule of law is that where a person has obtained the property o£ another from one who is dealing with it without the authority of the true owner, no title is acquired as against that owner, even though full value be given; and the property be taken in the belief that an unquestionable title thereto is being obtained; unless the person taking it can show that the true owner has so acted as to mislead him into the belief that the person dealing with the property had authority to do so. If this can be shown, a good title is acquired by personal estoppel against the true owner.

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