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Agency - Agency by Estoppel

. Montrose Hammond & Co. v. CIBC World Markets Inc.

In Montrose Hammond & Co. v. CIBC World Markets Inc. (Ont CA, 2020) the Court of Appeal relies on a textbook test for 'ostensible or apparent' agency:
[17] ... Specifically, CIBC argues that the trial judge misapplied the test for ostensible or apparent authority. CIBC relies on the articulation of ostensible or apparent authority as a type of estoppel by Professor Gerald Fridman in Canadian Agency Law, 3rd ed. (Markham, Ont.: LexisNexis, 2017), at p. 61, as follows: “The requirements for agency by estoppel are: (a) a representation; (b) a reliance on a representation; and (c) an alteration of a party’s position resulting from such reliance.”

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Last modified: 03-01-24
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