07/17/2026
A discussion with a client earlier this week addressed a concern that I wanted to elaborate with you. One of the hardest moments in life is facing the death of a parent. But when siblings go back on promises, family disputes arise, leading to proprietary estoppel. ⚖📖
To understand the nature of proprietary estoppel, a brief summary of the facts in Cowper-Smith assists*. In that case, a brother agreed to move back to his mother’s home and take care of her during the last few years of her life. He did so on the strength of his sister’s promise that, upon their mother’s death, she would sell her interest in the mother’s property to the brother. After the mother died, the sister sought to avoid her prior commitment. The brother invoked the doctrine of proprietary estoppel and filed a claim against his sister. The Supreme Court of Canada determined that the brother was entitled to enforce his sister’s promise, although it was divided in terms of fashioning an appropriate remedy.
* Cowper-Smith v Morgan, 2017 SCC 61
Disclaimer: This is not legal advice, and should not be interpreted as such.
