December 09, 2025
With the Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 decision, the British Columbia Supreme Court cast aside nearly a millennium of certainty regarding land ownership. It did this by severely limiting the rights inherent to fee simple title. It additionally declared invalid land titles under the province’s Torrens land registry system (undermining the provincial guaranty inherent in Torrens systems). Given the nature of the claim, namely ownership and development of land that occurred in the absence of a formal treaty, this decision has nationwide implications.
December 09, 2025
Appeal by Young Chul Kim (Mr. Kim) and cross-appeal by Argo Ventures Inc. (Argo) from trial judge’s decision quantifying Mr. Kim’s entitlement under a development financing agreement related to the Olympic Village Project.
December 08, 2025
A Federal Court judge has ruled that Canada owes a fiduciary duty to provide, ensure or not impede access to adequate on-reserve housing for remote First Nations.
December 08, 2025
More than 60 per cent of Quebec lawyers with fewer than 10 years of experience suffer from psychological distress, a comprehensive study reveals, painting a disconcerting portrait of young lawyers overwhelmed by stress and struggling with the pressures of billable hours and long workweeks.
December 05, 2025
In early October, the Office of the Auditor General of Ontario released its long-awaited performance audit of the Home Construction Regulatory Authority (HCRA). The report set out to evaluate whether the HCRA is effectively fulfilling its mandate to license and oversee new-home builders and protect consumers.
December 04, 2025
Dentons has added Shauna Towriss as a partner in its real estate group in Vancouver.
December 04, 2025
Ontario’s top court has ruled in favour of a business consortium in its fight with a utility over the building of an electrical substation, saying a lower court was wrong to determine it lacked jurisdiction to consider a decision made by the provincial energy board.
December 04, 2025
Easements, being one of the most common non-possessory interests in land, are often essential for the proper use and development of a dominant tenement. However, over time, changes in the character of the land, the surrounding neighbourhood or the purpose of the original grant can render an easement obsolete, impractical or economically detrimental to the burdened land (the servient tenement). In British Columbia, if parties do not agree to privately extinguish an easement, the owner of the servient tenement must apply to the court for relief under s. 35 of the Property Law Act.
December 04, 2025
Appeal by Innovation Federal Credit Union Limited from chambers judge’s decision disallowing property insurance expenses. Innovation entered into a mortgage agreement with the respondents under which Innovation provided loan financing to the respondents who, in turn, granted a mortgage over their property to Innovation to secure repayment of the loan.
December 03, 2025
In estate law, when a grantor becomes mentally incapable, a continuing power of attorney for property is the estate planning tool that enables a person (i.e., the attorney) to step into the shoes of the grantor and do everything the grantor could lawfully do, except make a will. An attorney for property owes a fiduciary duty to the grantor and must always act in his or her best interests.