What is the test for the doctrine of estoppel by convention?
Ontario, Canada
The following excerpt is from Tran v. Bloorston Farms Ltd., 2019 ONSC 4639 (CanLII):
Sang also relies on the doctrine of estoppel by convention. The following criteria forms the basis of this doctrine: (i) The parties’ dealings must have been based on a shared assumption of fact or law; (ii) A party acted in reliance of the shared assumption; and (iii) It would be unfair to allow a party to depart from the common assumption: Ryan v. Moore [2005] 2 SCC 53 at para. 59.
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