Ledger record YTD26-027
May 28, 2026 · effective May 28, 2026
The Supreme Court of Canada declined leave in the Wolastoqey private-land title appeal.
The New Brunswick Court of Appeal's remedy ruling remained final in that province: a court may find title over private land and award damages, but the pleaded declaration could not displace fee-simple interests. The Supreme Court did not decide the merits.
Disclosed
No amount made public.
Where it stands
Leave denied; the underlying Wolastoqey litigation could continue within the remedy framework left by the New Brunswick Court of Appeal.
What would move it next
Further proceedings on title findings, Crown land, and damages, plus separate appeals in other title cases.
The other view
Property-rights advocates framed the leave denial as a broad rule. That is too strong. A leave decision gives no reasons and sets no Supreme Court precedent; the New Brunswick appellate ruling remains jurisdiction-specific while other cases, including Cowichan, follow their own records and appeals.
Unresolved
- How will damages be assessed if title is proven?
- How will other appellate courts address title and private interests on different pleadings and records?