Not exact matches
It also ends up causing the person to have problems losing
weight in the future because they do not have the lean muscle mass
necessary to increase * their calorie
requirements.
Though * actual * calorie
requirement is reasonably predictable in approximation once the
necessary variables are controlled for — height,
weight, bodyfat %, activity levels, etc. — it's still not deadpan uniform across the population.
70 While the principles of fairness and flexibility have informed the modern approach to the application of proprietary estoppel, as adopted by this Court in its jurisprudence (see Idle - O Apartments Inc. v. Charlyn Investments Ltd., 2014 BCCA 451 (B.C. C.A.) at para. 49; Sabey v. von Hopffgarten Estate, 2014 BCCA 360 (B.C. C.A.); Scholz v. Scholz, 2013 BCCA 309 (B.C. C.A.) at para. 31; Sykes v. Rosebery Parklands Development Society, 2011 BCCA 15 (B.C. C.A.) at paras. 44 - 46; Erickson v. Jones, 2008 BCCA 379 (B.C. C.A.) at paras. 52 - 57; Trethewey - Edge Dyking (District) v. Coniagas Ranches Ltd. [2003 CarswellBC 657 (B.C. C.A.)-RSB- at paras. 64 - 73; Zelmer v. Victor Projects Ltd. (1997), 34 B.C.L.R. (3d) 125 (B.C. C.A.) at paras. 36 - 37), there remains a
necessary balancing between an overly broad application of the doctrine under the general guise of «unfairness» and an overly narrow application of the doctrine that places excessive
weight on the technical
requirements of the doctrine.