Property Law

Aphria Inc. v. Canada Life Assurance Co.: Can the common law be changed with prospective-only effect?

In February 2026, the SCC heard the appeal in Aphria Inc. v. Canada Life Assurance Co. The question presented asks whether commercial landlords who reject a tenant’s lease repudiation are subject to the doctrine of mitigation. On its face the case seems to be of niche interest: significant for commercial property and contract lawyers, of course, but perhaps a dry topic for others. Far from it. As became apparent during oral arguments before the SCC, the appeal in Aphria puts in issue fundamental principles regarding the nature of common law decision-making.

When an Unsuccessful Seizure Interrupts Prescription: Mohawk Council of Kanesatake v Sylvestre

In Mohawk Council of Kanesatake v Sylvestre, 2025 SCC 30 (“Kanesatake”) the Supreme Court of Canada considered whether an unsuccessful attempt to execute a judgment can interrupt an extinctive prescription under Quebec civil law. The case arose after creditors filed and served a notice of execution against the Mohawk Council of Kanesatake but ultimately seized […]

APPEAL WATCH: Old Leases, Same Law? ONCA Reaffirms “No Duty to Mitigate” in Aphria

In June 2025, the Supreme Court of Canada granted leave to appeal the Court of Appeal for Ontario’s decision in Canada Life Assurance Company v. Aphria Inc,. The Court's decision reaffirms that when a commercial landlord does not accept a tenant's repudiation of a lease and insists the lease remain in full effect, the landlord has no duty to mitigate the resulting damages. This decision adheres to the binding authority of Highway Properties Ltd v Kelly, Douglas and Co Ltd., where the SCC outlined four actions a landlord can take in response to a tenant's fundamental breach.

Make Yourself at Home: The SCC Grants Squatter’s Rights on Municipal Land

In Kosicki v Toronto (City), 2025 SCC 28 [Kosicki], a narrow five-to-four majority of the Supreme Court of Canada (“SCC”) granted a Torontonian couple possessory title to a municipally owned strip of land in their backyard. Although Kosicki clarifies the law of adverse possession, the divided judgment reveals challenges in reconciling the common law with […]

Can't always get what you want: SCC to consider interpretation of insurance contracts in Trillium Mutual Insurance Company v Emond

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 […]

APPEAL WATCH: SCC To Weigh In On Estoppel In Patrick Street

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 […]

“Effects”: Annapolis Group and Nova Scotia Dispute 965 Acres of Land Near Blue Mountain-Birch Cove Lakes

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 […]

De Facto Expropriation: SCC Grants Leave to Appeal in Annapolis Group Inc v Halifax Regional Municipality

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 […]

Southwind v Canada: Assessing Equitable Compensation for Taken Indigenous Land

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 — […]

Black History Month: Anti-Black Racism in Land Title Claims is Addressed in Downey v Nova Scotia

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 […]