Statement of Defence (Proprietary/Promissory Estoppel Claims) (Form 18A) (Sample) (ON)

Summary

This precedent is a statement of defence and counterclaim for promissory 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 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 made by the testator with regard to an asset or inducement with regard to a benefit or right to property. If a testator makes a promise with regard to the right or benefit to some other asset and a surviving party relies to their detriment on that promise, the surviving party may commence a claim against the estate for promissory or proprietary estoppel. This ...