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Discord and the Sword: An Estate Dispute and Proprietary Estoppel in Cowper-Smith v Morgan

In Cowper-Smith v Morgan, 2017 SCC 61 [Cowper-Smith], the Supreme Court of Canada (“the Court”) brings back painful memories of first-year Contracts and attempts to clarify the complex equitable doctrine of propriety estoppel despite several differing interpretations. Proprietary Estoppel Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise […]

Money, Mortgages and Mayhem: The highly anticipated appeal on indefeasibility and housing fraud

Controversy surrounding new provincial legislation in British Columbia to curb foreign investment in the housing market and talks of similar measures for Ontario have kept all eyes on the red-hot housing markets across Canada. Furthermore, new federal mandates will take effect starting October 17, 2016 for the purchasing of homes, which will likely cause further […]

Heritage Capital Corp v Equitable Trust: Municipal compensation payments will not run with the Land 

This guest post was contributed by James Steele. James Steele practices insurance, municipal, and commercial litigation with Robertson Stromberg LLP in Saskatoon, Saskatchewan.  In Heritage Capital Corp. v. Equitable Trust, 2016 SCC 19 the Supreme Court offered two significant lessons to purchasers of Canadian heritage properties: Absent express statutory language, positive covenants in favour of developers will not run with the […]

The Curious Case of Darwin the Ikea Monkey

On December 9, 2012, social media was ablaze with reports of a small monkey in a winter coat and diaper, wandering around an Ikea parking lot, apparently looking for its owners. The “Ikea Monkey”, as the animal was later dubbed, entered the furniture store and was subsequently picked up by Toronto Animal Services. Darwin the […]