In what circumstances will a plaintiff be able to sue for damages under the High Trees Act?
Saskatchewan, Canada
The following excerpt is from Montreal Trust Co. of Canada v. Dahl et al., 1992 CanLII 7879 (SK QB):
In a later decision, Combe v. Combe, [1951] 2 K.B. 215, Denning, L.J., referring to the principle enunciated in the High Trees case, stated at p. 219: "... Much as I am inclined to favour the principle stated in the High Trees ... case it is important that it should not be stretched too far, lest it should be endangered. That principle does not create new causes of action where none existed before. It only prevents a party from insisting upon his strict legal rights, when it would be unjust to allow him to enforce them, having regard to the dealings which have taken place between the parties. ..."
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