In Belvedere v. Brittain Estate, Lora and Jeffrey started living together. As their 23- month relationship grew stronger Jeffrey promised Lora that when he died Lora would get his RRSPs worth about $1.75 million, as long as they were still living together. Jeffrey insisted that Lora sign a cohabitation agreement before he would keep his promise. Before the agreement was signed Jeffrey died. Was Jeffrey’s promise legally enforceable? At trial Justice Brown of the Ontario Superior Court of Justice decided that Lora would get the money. Jeffrey’s estate appealed.Read More
Sometimes Canadian courts will use equitable remedies, like proprietary estoppel, to address a situation where the application of strict legal rights leads to an unfair result. Under these circumstances the court may ignore a contract or a testamentary document and provide the plaintiff with a remedy. By applying equitable principals courts will sometimes enforce promises.