Law360 Canada ( February 26, 2026, 9:40 AM EST) -- Appeal by appellants from a decision that struck the claim against them but allowed Wolastoqey Nation to pursue a declaration of Aboriginal title against the Crown over their privately owned lands. Wolastoqey Nation’s Statement of Claim sought a declaration of Aboriginal title over 283,204 parcels, including Crown lands (Schedule C) and private lands (Schedule A), with specific parcels owned by the appellants listed in Schedule B. The motions judge held that the claim for a declaration of Aboriginal title directly against the appellants had no reasonable prospect of success and struck it but permitted Wolastoqey Nation to continue its claim against the Crown for a declaration of Aboriginal title over the appellants’ lands and related consequential relief. The appellants argued this was a legal error, as it left their property rights in jeopardy without their participation, violating procedural fairness and natural justice. They contended that a declaration of Aboriginal title cannot issue over fee simple lands and that the motions judge wrongly suggested the Crown could be compelled to use expropriation powers. Wolastoqey Nation maintained that Aboriginal title burdened the Crown’s underlying title and survived Crown grants, and that the claim properly sought relief against the Crown only. Added parties supported Wolastoqey Nation, emphasizing reconciliation. The central issue was whether it was legally permissible for Wolastoqey Nation to seek a declaration of Aboriginal title against the Crown over privately owned lands after the owners were removed as parties....