Kosicki v Toronto: An Update from the Ontario Court of Appeal Regarding Adverse Possession of Municipal Lands

In the recent decision of Kosicki v Toronto, the Ontario Court of Appeal updated the common law test for adverse possession of municipal lands, making it increasingly difficult for individuals to advance such claims.

A split panel of Ontario's highest Court rejected the idea that municipal parklands are automatically immune to claims for adverse possession, but upheld the application Judge's finding that adverse possession had not been established in respect of the segment of parkland at issue.  A summary of the relevant lower and appellate court decisions is provided below by Sarah Knibutat and previously published in Municipal Liability Risk Management Volume 24, number 6.