Gus started working as a labourer on Dick's farm as a young man. A few years later, Gus indicated that he planned to go elsewhere but Dick did not want to see that happen, especially as illness had left him unable to run the farm unassisted. Dick said he would leave his entire farming operation to Gus in his will if Gus stayed. Gus did stay and over the next two decades took over all aspects of the farm, becoming its very effective manager. Gus made decisions about crops and equipment to purchase. He also rebuilt granaries, tore down broken barns and began a Hereford cattle business on the land. Dick admired all of Gus's ingenuity and hard work. When Dick eventually did die, he unfortunately had forgotten to change his will to leave his farming operation to Gus as promised.

Can Gus enforce his contract with Dick or does the Statute of Frauds pose an obstacle?

Can Gus rely on his conduct in running the farm as a way to get around the Statute of Frauds problem?

HINT ***see Thompson v Guarantee Trust Co, [1974] SCR 1023, 39 DLR (3d) 408.