In a landmark 5-4 decision, the Supreme Court of Canada has ruled that Toronto homeowners Pawel Kosicki and Megan Munro are the rightful owners of a portion of their backyard that had long been claimed by the City of Toronto.
The couple, who purchased their property in 2017, discovered several years later that the City of Toronto held title to a section of their yard enclosed by a chain-link fence. Historical records revealed the fence had been in place since between 1958 and 1971, effectively excluding the public from the land for more than five decades.
After the city refused to sell the land — citing potential plans to expand park access — Kosicki and Munro sought a declaration of possessory title under Ontario’s Real Property Limitations Act. Their initial bid was rejected by the Ontario Superior Court and upheld by the Court of Appeal before reaching Canada’s highest court.
Justice Michelle O’Bonsawin, writing for the majority, stated that the legislature did not intend to exempt municipal parkland from the Act’s application, noting that “its title cannot be resurrected.” The ruling emphasized that adverse possession can be established when use of the land has been exclusive, peaceful, and continuous for at least 10 years, extinguishing the city’s ownership rights.
This decision is expected to have significant implications for similar disputes across Ontario, clarifying that municipal parkland is not automatically shielded from adverse possession claims unless explicitly exempted by statute.