What are the elements necessary to give rise to equity in favour of the claimant?
British Columbia, Canada
The following excerpt is from Idle-O Apartments Inc. v. Charlyn Investments Ltd., 2014 BCCA 451 (CanLII):
As I understand it, the first question incorporates the four elements mentioned earlier that are necessary to give rise to an equity in favour of the claimant. In Sabey v. Rommel, this court recently collapsed them into two: a. There was an assurance or representation, attributable to the owner, that the claimant has or will have some right to the property, and b. The claimant relied on this assurance to his or her detriment so that it would be unconscionable for the owner to go back on that assurance. [At para. 30.]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the "necessary cause" element in a motor vehicle accident inquiry? (British Columbia, Canada)
Does the fact that property has been allocated in favour of a support-seeker’s favour defeat his or her entitlement to spousal support? (British Columbia, Canada)
What are the necessary elements in support of finding spoliation? (British Columbia, Canada)
If not necessary, if not necessary to expedient, is it advantageous to both parties? (British Columbia, Canada)
What is the meaning of the words "full equity" and "complete equity" in a mortgage agreement? (British Columbia, Canada)
What are the elements necessary to create a binding contract? (British Columbia, Canada)
Is detrimental reliance not a necessary element of a claim for pure economic loss? (British Columbia, Canada)
What are the elements necessary to establish the tort of conversion? (British Columbia, Canada)
What is the “essence” of the test for determining whether a claimant had pursued the driver as resolutely and resourcefully as they would have done if the claimant intended to pursue any right of action arising out of the accident? (British Columbia, Canada)
What is the test for determining if a claimant's reason for seeking relocation is related to the relocation of the claimant's children? (British Columbia, Canada)
