Is estoppel a valid cause of action?

I am also unable to accept the submission that the plaintiff was unable to seek damages until their exact amount was known. The material from Cassidy v. Smith, provided by the defendant, as well as the standard practice in numerous cases before this court, demonstrate that this issue could have been addressed on the basis of damages "to be assessed" subsequently. Accordingly, cause of action estoppel would normally apply here in the absence of some basis to relieve the plaintiff from its application.

Both parties have taken the position that there exists a limited discretion in the courts to relieve a party from the strict application of cause of action estoppel in "special circumstances." The general rule was described in Henderson as applying "except under special circumstances." This position also finds support in the decision of this court, Saarnok Estate v. Neufeld, 2003 BCSC 937.