What is the test for binding estimates?
Yukon, Canada
The following excerpt is from 39957 Yukon Inc. o/a Reliable Electric & Communications and Owen Laviolette v. Darrin Sinclair, 2012 YKSM 4 (CanLII):
In the specific context of estimates, some relevant factors for a determination of whether an estimate is binding are set out by Lee J. in Boehm v. Chergar Enterprises Ltd. (c.o.b. Service Plumbing and Heating), 2010 ABQB 826 (CanLII). These factors can readily be tied into the test for detrimental reliance, and they are: - the circumstances in which the estimate is provided; - the bargaining positions of the two parties; - the knowledge of the party providing the estimate; and - whether the estimate was relied upon by the party requesting it.
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