promissory estoppel, propietary estoppel, remdeial constructive trust, Canada, courts
This paper explores the similarities and differences between promissory estoppel, proprietary estoppel and the remedial constructive trust. Although the three are quite different at one level, as the first is a defence to an action, the second a cause of action as well as a defence, and the third simply a remedy to a cause of action, a closer examination reveals certain underlying similarities. The comparison highlights proprietary estoppel, an oft-overlooked concept in Canada, but which is comparable to promissory estoppel at the substantive level and the constructive trust at the remedial level.
Jane Matthews Glenn, "Promissory Estoppel, Proprietary Estoppel and Constructive Trust in Canada: "What's in a name?"" (2007) 30:1 Dal LJ 141.