Nov 29, 2014

FACTS: A purchased a lot in proposed subdivision from B; B encouraged A to develop the property; B later sold its interests to C who acknowledged A’s rights; however the subdivision plan was rejected by provincial authorities and was held that A did not have a freehold interest b/c the subdivision and interests dependent on it could not be registered – thus A could not claim the ground

Held: however was held that A’s right to enter the land before registration was a contractual licence protected by the doctrine of proprietary estoppel and was binding on C which had notice of A’s rights; estoppel arose from the acts of detrimental reliance taken by A; A was also allowed to remain on the land and the licence was irrevocable until another acceptable lot was conveyed by C