In what circumstances will the court grant promissory estoppel to a property owner who has been ordered to pay out a loan to the property owner for the past year?
Ontario, Canada
The following excerpt is from Spadacini-Kelava v. Kelava, 2020 ONSC 7907 (CanLII):
In Cowper-Smith v. Morgan, McLachlin C.J. stated for the majority at para. 46 that once proprietary estoppel is established, the court has considerable discretion in crafting a remedy that suits the circumstances. Since issue estoppel and res judicata refer to previous judicial findings and even remedies, the breadth of remedies is likely more limited for those forms of estoppel than promissory estoppel. They should generally be limited to the remedies applied at first instance. Here I will attempt to fashion an appropriate remedy in the circumstances that adheres to the intent of the previous March 5, 2019 award but ensures that it is fully carried out.
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