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Aging population protected by SCC proprietary estoppel decision

Monday, January 22, 2018 @ 8:25 AM | By Mark Weintraub

When children plan for the care of their elderly parents, promises are often made among family members. From time to time, the promises involve one sibling giving up part of their inheritance in exchange for the other caring for their aging parents. These promises often involve ambiguous terms, or are not properly documented and are therefore unenforceable since they do not constitute binding agreements.

To remedy this situation, Canadian and English courts have developed equitable remedies to protect individuals who rely on these promises. One such...