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| [[Category:Legal Principles]]
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| [[Category:Small Claims]]
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| [[Category:Landlord Tenant]]
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| ==The Defence of Estoppel==
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| ===[http://canlii.ca/t/1j0dz BMO Nesbitt Burns Inc. v. Wellington West Capital Inc., 2004 CanLII 33776 (ON SC)]===
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| [24] To assert estoppel by convention, a party must demonstrate that both parties embarked upon a course of conduct based upon the same premise or assumption. See Amalgamated Investment & Property Co. Ltd. (in liquidation) v. Texas Commerce International Bank Ltd., [1982] 1 Q.B. 84 at 122 (C.A.) per Denning M.R.
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| ==Conduct Estopple==
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| ===Chernoff Developments Ltd. v. Kent (District), 2001 BCSC 1626===
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| 76 I turn now to the law. Mr. Selinger said that conduct estopple applies to a local Government where there has been a
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| corporate act and the Petitioner has relied on the act to its detriment. He relies on the decision of Levine, J., as she then
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| was, in Gladiuk Contracting Ltd. v. Richmond (City), 1998 CarswellBC 2297 (B.C. S.C.) in which Her Ladyship relied
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| on the decision of Braidwood, J., as he then was, in Harwood Industries Ltd. v. Surrey (District) (1991), 60 B.C.L.R.
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| (2d) 168 (B.C. S.C. [In Chambers]), and applied the principles of estopple by conduct discussed in Litwin Construction
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| (1973) Ltd. v. Kiss (1988), 29 B.C.L.R. (2d) 88 (B.C. C.A.). It will be seen that in my opinion both Gladiuk and Harwood
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| are distinguishable on their facts.
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| 79 After noting that in Harwood Braidwood, J. held that the principle of estopple could apply to Municipalities where
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| there is unfairness or injustice requiring the exercise of judgment, Her Ladyship then cited and followed the following
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| description of estopple by conduct discussed in Litwin at pg. 179:
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| Of course, estopple by conduct has been a field of the law in which there has been considerable expansion over
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| the years and it appears to me that it is essentially the application of a rule by which justice is done where the
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| circumstances of the conduct and behaviour of the party to an action are such that it would be wholly inequitable
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| that he should be entitled to succeed in the proceeding.
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