What are the elements of the "probanda" in proprietary estoppel?
British Columbia, Canada
The following excerpt is from Kearsley v. The Owners, Strata Plan KAS 1215, 2008 BCSC 1606 (CanLII):
Chiasson J.A. went on to quote Newbury J.A. in Trethewey-Edge Dyking District v. Coniagas Ranches Ltd., 2003 BCCA 197, 12 B.C.L.R. (4th) 46, where she noted at para. 64 that: … the five elements or “probanda” famously cited by Fry J. in Willmott v. Barber … have now been overtaken by a broader and less literal approach to proprietary estoppel….
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