Koenne (Re) , 2010 ONCA 524 sets out the test for a finding of estoppel against an estate trustee in a bankruptcy:
[13] The issue in dispute is the applicability of the doctrine of estoppel to the facts in this case. There is no doubt that a trustee can be barred from claiming an asset on the ground of estoppel: see Houlder and Morawetz, 2010 Annotated Bankruptcy and Insolvency Act (Toronto: Carswell, 2009), at p. 553.
[14] However, in order to rely on estoppel, a bankrupt must establish that:
a) The trustee, by words or conduct, made a promise or assurance that was intended to affect its legal relationship with the bankrupt and intended the bankrupt to act upon the representation; and
b) The bankrupt, relying on the representation, acted on it or in some way changed its position. See Deloitte and Touche LLP v. Marino (2005), 72 O.R. (3d) 274 (C.A.), at para. 32.
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