Statement of Claim (Proprietary/Promissory Estoppel Claims, General) (Form 14A) (Sample) (ON)

Summary

This precedent is a statement of claim in which the plaintiff seeks damages on the basis of proprietary estoppel. It contains practical guidance and drafting notes. Estoppel is an equitable remedy that prevents a party from enforcing their strict legal rights. The general rule is that if: (1) there is a clear promise made without consideration in relation to an existing legal obligation; (2) it is made in circumstances where it is intended to be relied upon; and (3) it is in fact relied upon to one's detriment, then an equity arises that prevents the party from enforcing (or insisting on) their strict legal rights. A promissory estoppel claim refers to a promise by the testator with regard to an asset or inducement with regard to a benefit or right to property. This statement of claim is claiming, among other things, $750,000 on the basis of the equitable remedies of constructive trust, resulting trust and unjust enrichment against the Defendants jointly and severally, alternatively ...