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Trial Judgment Decision

Proprietary Estoppel and access to a dock

Hanson Kohan Lawyers have received judgment on their trial of Dooling v Ford, 2023 BCSC 983.  To read the judgment, click here

Our clients sued the neighboring property owners for their continued ability to use and access a dock off the shore of the defendants’ property and won that case.

Our clients’ case was about proprietary estoppel. The test for proprietary estoppel is:

   1.    Is an equity established? An equity will be established where:

    a.    There was an assurance or representation, attributable to the owner, that the claimant has or will have some right to the property, and

    b.    The claimant relied on this assurance to his or her detriment so that it would be unconscionable for the owner to go back on that assurance.

   2.    If an equity is established, the court must determine the extent of the equity and the remedy appropriate to satisfy the equity…

In our case, the court found that we had established an equity based on proprietary estoppel and ordered a trust declaration, an easement granting access to the land and shared maintenance costs.

For help with your case, please contact us at 604-984-7555 or lawyer@hansonco.ca