Property Law

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 […]