What is the test for a remedy for proprietary estoppel?

British Columbia, Canada


The following excerpt is from Sabey v. Rommel, 2014 BCCA 360 (CanLII):

Secondly, I would underscore the importance of deference in the context of remedy. I note, for example, that in Jennings v. Rice, [2002] EWCA Civ 159 at para. 50, [2002] W.T.L.R. 367, Lord Walker (with whom Lord Alduous and Lord Mantell agreed) considered that the remedy for proprietary estoppel should be proportionate to the detriment. He held the court has wide discretion to craft a remedy for proprietary estoppel where the detriment is not readily quantifiable, noting:

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