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SCC clarifies proprietary estoppel in novel B.C. estates dispute

Thursday, December 14, 2017 @ 4:25 PM | By Cristin Schmitz

The Supreme Court has liberalized the test for — and expanded the scope of — proprietary estoppel in a B.C. estates case involving a bitter dispute between two brothers and their older sister.

Chief Justice Beverley McLachlinOn Dec. 14, Chief Justice Beverley McLachlin, on behalf of nine judges, allowed Max Cowper-Smith’s appeal of a split B.C. Court of Appeal decision last year that dismissed his proprietary estoppel claim against his sister, Gloria Morgan. His claim was based on the respondent reneging on her promise to sell...