Canada Case Law

Tsawout First Nation v. Claxton

Court

Federal Court of Appeal

The appeal is dismissed: the Federal Court did not err in treating the Agreement and the Band Manager's January 12, 2023 letter as part of a continuing course of conduct, in finding jurisdiction to entertain the judicial review, and in concluding respondents were owed procedural fairness which was breached by entering the Agreement without hearing them and by refusing to refer their notice to the Panel; accordingly the Federal Court's order that the Panel address the notice of dispute was upheld; the Agreement was not declared void by the Federal Court and that outcome was not disturbed.

Source excerpt

• Procedural fairness
• Judicial review
• Land code dispute resolution
• Possession/eviction
• Conflict of interest
• Jurisdiction

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685781 BC Ltd. v. Garib

Court

Supreme Court of British Columbia

The court dismissed an application to remove a certificate of pending litigation and refused security for costs, finding the petition pleaded a constructive trust and no evidence supported the security amount.

• Certificate of pending litigation
• Constructive trust
• Tracing
• Security for costs
• Pleadings
• Certificate-of-pending-litigation

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Ali v. 1308529 BC Ltd.

Court

Supreme Court of British Columbia

The court cancelled a CPL over development land, finding hardship from financing and sale impediments, but ordered $75,000 from net sale proceeds as security.

• Certificate of pending litigation
• Hardship and inconvenience
• Security for release of cpl
• Unjust enrichment
• Standing of beneficiaries against third parties
• Resulting and constructive trust

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D’Amico v. Atkinson

Court

Supreme Court of British Columbia

A British Columbia boundary dispute over a retaining wall encroachment ended with dismissal of the petition and an easement for the respondent on payment of $2,000.

• Encroachment
• Easement
• Accretion
• Natural boundary
• Surveyor general adjustment
• Compensation

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Eddy v. Newfoundland and Labrador (Fisheries, Forestry and Agriculture)

Court

Newfoundland and Labrador Court of Appeal

The doctrine of colour of title is not a recognized method to dispossess the Crown; s.36 of the Lands Act requires actual open, notorious and exclusive possession to acquire title against the Crown, and the 1976 amendments did not import constructive possession by colour of title as a basis for dispossession during the relevant pre-1977 period. Consequently, constructive possession under colour of title during the 20-year pre-1977 period is insufficient to establish title to ungranted Crown land.

Source excerpt

• Adverse possession
• Colour of title
• Crown lands
• Quieting of titles act
• Lands act s.36

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Fox v. British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development)

Court

British Columbia Court of Appeal

British Columbia Court of Appeal held that s. 36 of the Property Law Act did not apply to Crown land in this dispute, and dismissed the appeal.

• Easement
• Land swap/vesting under property law act s.36
• Crown land disposition
• Interpretation act s.14(2)
• Agricultural land reserve impact
• Public interest in crown grants

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Somji v. Alderson

Court

Supreme Court of British Columbia

The court allowed a retroactive extension of time under s. 13.2 of the CRTA, finding the delay was short, caused by counsel error, and caused no specific prejudice.

• Extension of time
• Civil resolution tribunal act s.13.2
• Exclusive use parking agreements
• Unregistered interests and purchasers
• Prejudice assessment
• Solicitor error

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Goel v. Dhaliwal

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a stay application from an order cancelling a CPL, holding the pleadings did not disclose a sufficient interest in land.

• Certificate of pending litigation
• Constructive trust
• Resulting trust
• Unjust enrichment
• Stay pending appeal
• Striking pleadings

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Wan v. British Columbia

Court

Supreme Court of British Columbia

The Court dismissed a petition seeking a vesting order or easement over Crown foreshore for pool encroachments, finding the Property Law Act did not assist and the Land Act regime prevailed.

• Foreshore
• Easements
• Vesting order
• Licence
• Estoppel
• Property law act s.36

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Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development)

Court

Supreme Court of British Columbia

Judicial review of a Crown land tenure refusal turned on consultation with the Cheam, reconciliation, and s. 2(a) Charter neutrality. The petition was dismissed.

• Duty to consult and accommodate
• Religious neutrality and s.2(a) charter
• Delegated decision making under land act s.11
• Reasonableness standard of review
• Reconciliation with indigenous peoples
• Land tenure permitting

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