In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy which substantially limited the insured's recovery of rebuilding costs arising from compliance with regional building regulations. On appeal by leave [41077], the Supreme Court of Canada (“SCC”) will likely provide […]
The Supreme Court of Canada (“SCC”) is set to address critical questions regarding mortgage obligations which create issues of estoppel in the appeal [41296] of Patrick Street Holdings Limited v 11368 NL Inc., 2024 NLCA 11 [Patrick Street].The case raises significant issues about the application of estoppel doctrines and stands to have wide-ranging implications for […]
Overview: In Annapolis Group Inc v Halifax Regional Municipality, 2022 SCC 36, the Supreme Court of Canada (“SCC”) divided 5-4 over the quagmire of whether state regulation of land may create a de facto or “constructive” taking of private property. The contested property constitutes a 390-hectare block of land in Blue Mountain-Birch Cove Lakes to […]
In June 2021, the Supreme Court of Canada (“SCC” or “the Court”) granted leave to appeal in the case of Annapolis Group Inc v Halifax Regional Municipality, a ruling from the Nova Scotia Court of Appeal, 2021 NSCA 3 [Annapolis]. The SCC will rule on whether the refusal by Halifax Regional Municipality (“Halifax Municipality”) to approve […]
In 1929, the creation of electrical power for Winnipeg, Manitoba resulted in the destruction of land, livelihood and community for a nearby Indigenous group. Nearly a century later, this government decision was the subject of a Supreme Court of Canada ruling. In Southwind v Canada, 2021 SCC 28 [Southwind], the question of equitable compensation — […]
Note: February is Black History Month and as a Black contributor for TheCourt.ca, I value the opportunity to explore jurisprudence that deals with an issue of Black identity in Canada So often, conversations about race and justice occur within the context of criminal law. However, the systemic nature of anti-Black racism and the discrimination that […]
On October 23, 2020, the Supreme Court of Canada ("SCC") released its decision on Owners, Strata Plan LMS 3905 v Crystal Square Parking Corp, 2020 SCC 29 [Strata], a case that reinforced the relationship between the traditional approach to contract law and pre- and post-incorporation contracts. Facts Crystal Development is a multi-use development in Burnaby, […]
With housing prices skyrocketing in various metropolitan regions across Canada, the demand for mortgages—known as hypothecs in Quebec—has also increased. Yet in times of economic hardship, creditors are prone to default mortgages borrowed from banks as well as independent mortgage providers. Unlike the rest of Canada which maintains that property is owned through a fee […]
