Canada: Land Law & Agriculture

The Ontario Superior Court's decision in Laberge Gareau v. Laberge Gareau, 2026 ONSC 4669 is a cautionary tale about family farms, informal succession planning, and the legal consequences of putting property in a child's name without fully understanding the legal effect.

Recent amendments to Canada's Pest Control Products Act through Bill C-30 have introduced significant regulatory changes that directly impact drone operators in agriculture. These modifications modernize the framework for pesticide application using unmanned aerial vehicles, creating new compliance requirements and opportunities for Canadian farmers. Understanding these legal implications is essential for agricultural operations looking to integrate drone technology into their pest management practices.

Bill C-30 has amended Canada's Pest Control Products Act, potentially streamlining emergency pesticide approvals while raising concerns about international trade implications.

Ontario farmers face increasing pressure when buying, selling, or passing on farmland. Rising land values, competition for good soil, and development pressures have all made land decisions more complex.

A Saskatchewan court has awarded damages for the first time under Canada's Plant Breeders' Rights Act, establishing a novel framework for calculating infringement damages by drawing on patent law principles. The decision addresses how courts should quantify losses when farmers illegally sell protected seed varieties, marking a significant development for plant breeders seeking to enforce their exclusive rights after more than 35 years of the Act being in force.

When a borrower takes possession of leased farm equipment, uses it for a full harvest season, and makes payments—but never signs the certificate of acceptance—can the lease still be enforced? The Saskatchewan Court of Appeal addressed this exact question in Millhouse Farms Inc. v De Lage Landen Financial Services Canada Inc., reaffirming that acceptance by conduct can complete a contract even when formal paperwork remains incomplete.

Alberta has long been a powerhouse in Canada's agricultural sector, with a strong legacy in farming, ranching and agribusiness innovation.

In this article, we look at some of the challenges faced by Indigenous farmers and delve into potential solutions when it comes to seeking capital and finding success.

Join Heather Barnhouse, Partner in our Edmonton office, as she explores women in leadership and entrepreneurship, and the ecosystem that supports them.