Sentences with phrase «estoppel given»

Although Faskens» mandatory retirement policy clearly established a prima facie case of age discrimination, the Supreme Court of Canada could have then examined whether it was justified for other reasons — either some sort of estoppel given that McCormick had benefited for years from the arrangement of forcing other partners to retire, or statutory exceptions such as a bona fide occupational requirement.

Not exact matches

Thus she established a proprietary estoppel; and because this was based on an agreement it gave rise to a constructive trust by which H «holds his equitable charge on the property on trust for [W]» (para 59).

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

The BC Appeal Court in Cowper - Smith v Morgan 2016 BCCA 200 allowed an appeal in part to over turn the successful the claim brought for proprietary estoppel at trial by finding that the claim should not be allowed where a non owner of property gave assurances and a reliance thereon with respect to her future intentions based on the assumption she would inherit from her mother the owner., when she might not.

104 Walker L.J., in the passage from Thorner cited by Smith J.A., was of the view that in order to constitute proprietary estoppel, «the assurances given to the claimant (expressly or impliedly, or, in standing - by cases, tacitly) should relate to identified property owned (or, perhaps, about to be owned) by the defendant» (emphasis added).

-- National Gas Company of Trinidad and Tobago Limited v. Colfire Fire and General Insurance Co Ltd: led by Claire Blanchard Q.C. for the claimant state gas company in US$ 60 million Commercial Court proceedings relating to the insurance of an offshore drilling project on «WELCAR» terms and giving rise to numerous issues of policy interpretation, estoppel and the reasons for the project's failure.

Mediated dispute between author and media company giving rise to claims to breach of contract, promissory estoppel, fraudulent inducement and negligent misrepresentation

Confidential LCIA arbitration (2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

«What should the court do where the client does not, or is not able to, contend there is an estoppel but he is able nonetheless to satisfy the court that he took the estimate completely seriously and it is possible he might have approached the litigation differently if he had been given a figure nearer to the figure in the final bill?»

Even though the case law Samsung cites gives Judge Koh more than enough ammunition to at least stay the case, Samsung's lawyers also present an argument that would enable the district court to reject Apple's demand for premature enforcement even if the court interpreted the Federal Circuit's mandate the way Apple proposes: «Manifest injustice would warrant deviation from a decision rejecting, without briefing, collateral estoppel or a stay»

The FCA applied the doctrine of issue estoppel, finding it would not be appropriate to allow a collateral attack on the findings of invalidity of the patent given that the issue had already been decided.

Informal appeal processes are akin to attempts by the parties to resolve the claim; such dealings do not give rise to an estoppel argument.

The Judge found it unnecessary to consider the Inheritance Act claim, given that the claim of proprietary estoppel was proven.

LCIA arbitration (confidential)(2010): multi-million dollar dispute raising issues as to the ability of a party to rely on an entire agreement clause where the conduct of that party gives rise to an estoppel and / or waiver.

It is commonly supposed that estoppel can not give rise to a cause of action, but proprietary estoppel appears to be an exception to that rule: see Lord Denning in Crabb v. Arun District Council.

(iii) Even if there is no concluded agreement, a clear statement made by one party and on which the other party is intended to act and does in fact act may be admissible as giving rise to an estoppel.

In order to constitute such a waiver, the client's conduct had to be supported by consideration or give rise to an estoppel.

In Yeoman's Row the House of Lords had to decide whether or not the facts of the case gave rise to a successful claim by the respondent for proprietary estoppel.

That would mean an agreement for consideration, namely an agreement as to a fixed amount, or an agreement as to hourly rates and time spent in consideration of future services, or a compromise agreement, or conduct giving rise to an estoppel according to established principles.

The effect of the estoppel might be suspensory - only in some cases, such that the maker of the statement can end the effect upon giving reasonable notice to the recipient.

Parties should consider including an appropriately drafted non-reliance clause, but this may not protect a party from an argument based on misrepresentation or estoppel if there is clear evidence that one party gave a promise that was intended to be acted upon.

That is to say: the requirement for detrimental reliance in most of the estoppels is best seen as the manner in which equity interprets its concern about unfairness or unjustness into the process of ascertaining whether estoppel is called for in a given context.

[I] n determining whether an estoppel is raised on a given set of facts, the court must consider all aspects of the case.

Ask for copies of bills, and get tenant estoppel statements that give true rent amounts signed by the tenants themselves.

Given new, more substantive estoppel forms and title insurance coverage, you may be thinking that SNDAs have outlived their usefulness.