Is estoppel valid as a basis for a cause of action?
British Columbia, Canada
The following excerpt is from Beavis v. Beavis, 2014 BCSC 590 (CanLII):
Estoppel operates as a “shield”, rather than a “sword”, or foundation for a cause of action. In Romfo v. 1216393 Ontario Inc., 2007 BCSC 1375, Myers J. at paras. 251-253 held that the use of estoppel in answer to a limitations defence did not amount to using estoppel as the basis for a cause of action. The plaintiffs had therefore properly invoked estoppel as a “shield” rather than a “sword”.
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