Ryan v. Food City Ltd., (1970) 1 Nfld. & P.E.I.R. 88 (NFTD)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 28, 1970
• Jurisdiction: Newfoundland and Labrador
• Citations: (1970), 1 Nfld. & P.E.I.R. 88 (NFTD)

Ryan v. Food City Ltd. (1970), 1 Nfld. & P.E.I.R. 88 (NFTD)

MLB headnote and full text

Ryan v. Food City Limited

Indexed As: Ryan v. Food City Ltd.

Newfoundland Supreme Court

Trial Division

Puddester, J.

April 28, 1970.

Summary:

Trial Court declared that the defendant, remainderman, owned 100% of a parcel of real property which was partially conveyed by will to the plaintiff, life tenant, and over to the defendant, on the plaintiff's death. The Will conveyed to the plaintiff a 1/3 interest for life and the plaintiff acquired title to the remaining 2/3 by virtue of adverse possession. The Court held that the defendant remainderman was entitled to a deed from the life tenant conveying not only the 1/3 interest acquired by will but also the 2/3 interest acquired by adverse possession. The Court held that where the life tenant took possession by virtue of the Will that he was estopped from stating that he took possession of 2/3 of the real property with the intention of obtaining title to the 2/3 interest by adverse possession and with the intention of denying title to the 2/3 interest to the remainderman.

Estoppel - Topic 1151

Estoppel in pais (by conduct) - General - The Newfoundland Supreme Court, Trial Division, held that a life tenant of a one-third interest in realty under a will was estopped from disputing that the other two-thirds of the realty passed to the remainderman where the life tenant acquired title to the other two-thirds of the realty by adverse possession.

Cases Noticed:

Board v. Board (1873-74), L.R. 9 Q.B. 48, folld.

Dalton v. Fitzgerald (1897), L.R. 2 Ch. 86, folld

Dods v. MacDonald (1905), 36 S.C.R. 231, folld.

Pflugg v. Pflugg, [1952] 3 D.L.R. 519, refd to.

Paine v. Jones [1874], L.R. 18 Eq. 320, dist.

In re Stringer's Estate (1877), 6 Ch. D. 1, dist.

In re Anderson, [1905] 2 Ch. 70, dist.

Coole v. Flight, [1920] 2 Ch. 536, dist.

Re Fagan (1963), 47 M.P.R. 49, dist.

Taylor v. Newfoundland Concrete Products Limited, [1941-46] N.L.R. 500, dist.

Counsel:

J.R. Chalker, for the plaintiff;

J.J. Halley, Q.C., and L.D. Barry, for the defendant.