Alberta Court of Appeal overturns mandatory injunction to transfer land

Scammell v Scammell, 2025 ABCA 425, was an appeal from a decision of a chambers judge “removing [the appellant] as co-trustee of the Scammell Family Trust, appointing her brother Randy Scammell as co-trustee in her place, and directing her to transfer three parcels of land to her brothers Randy and the respondent Colin Scammell”. The court of appeal allowed this appeal in part, setting aside the injunction that had directed the appellant to transfer the Read more…

Charter remedy not available in contempt of court case: Alberta Court of Appeal

The underlying dispute in Lymer v Jonsson, 2025 ABCA 423, concerned an investment scheme in breach of the Alberta Securities Act, RSA 2000, c S-4. The appellant in this Alberta Court of Appeal decision from late December 2025 was involved in the promotion of this scheme. The appellant was also, as the court explained, “an undischarged bankrupt [who] has been involved in lengthy bankruptcy proceedings pursuant to which some of the investors sought to trace Read more…

BC Supreme Court restrains City of Kelowna from terminating lease in the midst of real-estate-development dispute

350 Doyle Avenue Holdings Inc. v City of Kelowna, 2025 BCSC 2532, concerned an application “for an interlocutory or, alternatively, interim injunction preventing the defendant, the City of Kelowna . . ., from terminating a 99-year lease for property located in downtown Kelowna”. The case involved three conjoined actions over a large-scale real-estate development and the decision to grant an injunction largely turned on the plaintiff’s ability to demonstrate irreparable harm if its request for a pre-trial Read more…

BC Supreme Court grants injunction restraining Indigenous financial-services business from competing with former employer

In a case decided near the end of December 2025, the BC Supreme Court considered the application of the three-stage test for a pre-trial injunction to a case involving the enforcement of restrictive covenants in a contractual dispute. People Corporation v White Raven Consulting Ltd., 2025 BCSC 2525, concerned an application for “an interlocutory injunction temporarily restraining the defendants, White Raven Consulting Ltd. . . . and its principal, Nickolas Calla, from competing with it, soliciting its clients, Read more…

A Weighty Source: UNDRIP as International Law

BC’s highest court has clarified the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) should be applied as a “weighty source” for the interpretation of Canadian law.[1] It also rejected the characterization of UNDRIP as a non-binding international instrument. In Gitxaala v. British Columbia (Chief Gold Commissioner), 2025 BCCA 430, this conclusion was reached on the basis of both BC’s Declaration on the Rights of Indigenous Peoples Act (Declaration Act), and as a matter Read more…