In what circumstances have courts considered “probanda” estoppel in the context of proprietary estopplement?
British Columbia, Canada
The following excerpt is from Erickson v. Jones, 2008 BCCA 379 (CanLII):
In Trethewey-Edge Dyking District v. Coniagas Ranches Ltd., 2003 BCCA 197, 12 B.C.L.R. (4th) 46, 7 R.P.R. (4th) 163, Newbury J.A. noted at the outset of her concurring judgment that "the five elements or ‘probanda’ famously cited by Fry J. in Willmott v. Barber … have now been overtaken by a broader and less literal approach to proprietary estoppel" (para. 64).
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