Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
5 court collections
Last checked

Canada decisions

Decisions matching the current search

Clear filters
Property law 2021 ONCA 579

Herold Estate v. Canada (Attorney General)

The Court of Appeal allowed the appeals because the application judge made extricable legal errors: he failed to interpret the 1868 Letters Patent by objectively ascertaining the parties' intentions in light of the factual matrix and Crown treaty obligations; he misapplied the Flooding Principle inconsistent with his factual findings; and he failed to consider Treaty 78 obligations as relevant to what the Crown intended to convey. Properly interpreted, the Letters Patent did not convey the islands and the Estate therefore did not obtain title to them.

  • Crown grants
  • Letters patent
  • Water boundaries
  • Treaty interpretation
  • Title to land
  • Standard of review
Read case analysis
Property law 2011 NSSC 131

Creighton v. Nova Scotia (Attorney General)

The court found on the unchallenged expert and factual evidence that Creighton has the superior paper title to lots 3 and 4 because Crown Grant 22100 validly conveyed the disputed portion of lot 4 and the 1996 confirmatory deed and related conveyances did not convey lot 3 to the defendants; alternatively, Creighton and his predecessors possessed lots 3 and 4 under colour of title and by adverse possession; therefore a Certificate of Title will issue to Creighton based on the Whyte survey.

  • Quieting titles act
  • Constructive possession
  • Adverse possession
  • Crown grants
  • Confirmatory deed
  • Survey evidence
Read case analysis
Property law 2010 BCSC 309

Lawrence v. British Columbia

The court held that the seaward boundary of Lot B was the visible high water mark, not a mean high tide line, and dismissed the petition.

  • Boundary determination
  • Natural boundary
  • Foreshore rights
  • Crown grants
  • Land act s.55
  • Boundary-determination
Read case analysis
Property law 2008 BCSC 1232

Baird v. Salle

The court held that express exceptions in Crown grants preserved pre-existing water licence rights, allowing the defendants to use the dam and access lands without expropriation for those licences.

  • Crown grants
  • Water licences
  • Expropriation
  • Trespass
  • Nuisance
  • Proprietary estoppel
Read case analysis
Mining law 2005 BCCA 213

Forty Ninth Ventures Ltd. v. British Columbia

La Corte de Apelación sostuvo que la reforma de 1970 extinguió el derecho a comprar por $5 por acre la superficie de las concesiones mineras otorgadas por la Corona.

  • Vested rights
  • Repeal and re‑enactment
  • Surface rights
  • Crown grants
  • Interpretation act s.35(1)(c)
  • Vested-rights
Read case analysis
Property law 2003 BCSC 1391

Forty Ninth Ventures v. British Columbia

The court held that the statutory right to buy surface rights for $5 per acre under earlier Mineral Act provisions was not vested and had been extingui...

  • Mineral rights
  • Surface rights
  • Crown grants
  • Repeal and vested rights
  • Ministerial discretion
  • Mineral-rights
Read case analysis
Municipal law [1977] 1 SCR 101

Ronville Lodge Ltd. v. Franklin (Township)

The Supreme Court of Canada held that s. 600 did not authorize a grant that would extinguish a pre-existing travelled road and the public right of passage.

  • Highways
  • Closing of highways
  • Road allowances
  • Crown grants
  • Public right of passage
  • Statutory interpretation
Read case analysis
Property [1928] SCR 255

Hackett v. Colchester South

The Supreme Court of Canada dismissed an appeal in a municipal possession dispute, holding the appellant had not clearly proved dispossession for the critical years.

  • Adverse possession
  • Public trust and dedication
  • Crown grants
  • Resulting trust
  • Extinguishment of title
  • Adverse-possession
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.