The Complete Brief
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January 23, 2026
Where there’s smoke, there’s no coverage: Insurer’s right to void policy due to undisclosed grow op upheld
When does a homeowner’s insurer have the right to treat a policy as void because of undisclosed property use? A recent decision of the British Columbia Supreme Court provides a clear answer: when the insured fails to disclose a material change in risk, such as the presence of a marijuana grow operation.
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January 23, 2026
B.C. Court of Appeal rejects civil claim based on pseudo-legal tax arguments
The British Columbia Court of Appeal has reaffirmed the limits of civil litigation as a tool for challenging tax enforcement, dismissing a taxpayer’s attempt to recast lawful collection measures as tortious conduct.
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January 23, 2026
Can all estate administrators access legal advice given the estate?
Estate administration is not always a linear process. In many cases, particularly where the estate is subject to litigation, the original administrator may be replaced before the administration is complete. Courts often appoint litigation administrators or estate trustees during litigation to step into the role temporarily, managing the estate until the litigation is resolved.
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January 23, 2026
DULF constitutional challenge keeps sentencing on hold in B.C. trafficking case
Sentencing in the high-profile prosecution of members of the Drug User Liberation Front (DULF) remains on pause as the Supreme Court of British Columbia considers constitutional arguments that could have lasting implications for drug trafficking cases across the country, as well as for public health efforts to reduce the harms of the ongoing toxic drug crisis.
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January 23, 2026
James-Scott Lee rejoins Fasken as partner
James-Scott Lee has returned to Fasken as a partner in the firm’s banking and finance group.
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January 23, 2026
Langlois expands litigation team with 5 new lawyers
Langlois Lawyers LLP has added five lawyers to its litigation group following their articling terms and calls to the Quebec bar, the firm has announced.
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January 23, 2026
EVIDENCE - Prejudicial evidence - Previous record of accused - Probative value
Appeal by Hussein from a judgment of the Ontario Court of Appeal which upheld his conviction for second-degree murder. Boucher was fatally stabbed after a night of drinking with friends in a basement apartment where Hussein was in attendance.
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January 23, 2026
Court grants relief to compel band council to implement financial transparency, accountability
A chief and council in southeastern B.C. found itself in court to respond to demands for compliance under its own Financial Administration Law (FAL).
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January 23, 2026
Moral, legal imperatives affecting restitution of looted art
As someone involved in the field of art restitution, I often marvel at the different types of responses that we receive once we advise someone that the artwork in their possession was looted during the Holocaust and must now be returned to its rightful owners. Possessors who find themselves in this predicament range from private individuals to corporations and foundations, but most institutional possessors are clearly museums, which range from small regional ones in Western and Eastern Europe to the most prominent ones in Europe and the United States.
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January 23, 2026
POWERS OF SEARCH AND SEIZURE - Forfeiture of items seized
Appeal by Breton from an order forfeiting over $1.2 million in cash seized from his garage to the Crown. The appellant had previously been acquitted of all criminal charges, including possession of proceeds of crime, after the trial judge excluded all evidence under s. 24(2) of the Canadian Charter of Rights and Freedoms due to unlawful searches.