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ARTICLE · 22 DECEMBER 2025

Episode 24: Kosicki: Adverse Possession, Statutory Interpretation, And The Common Law (Podcast)

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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Is municipal parkland immune from adverse possession? In Kosicki v. Toronto (City), the Supreme Court of Canada ruled that, under Ontario law, it is not...

CanadaLitigation, Mediation & Arbitration
Adam Goldenberg
Adam Goldenberg
Jonathan Nehmetallah
Jonathan Nehmetallah
Gregory Ringkamp
Gregory Ringkamp
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Is municipal parkland immune from adverse possession? In Kosicki v. Toronto (City), the Supreme Court of Canada ruled that, under Ontario law, it is not — and that a couple who had used a strip of city-owned parkland as part of their backyard had become its rightful owners. Adam Goldenberg speaks with McCarthy Tétrault lawyers Jonathan Nehmetallah and Gregory Ringkamp about the implications of this decision for landowners and municipalities, and about the relationship between civil legislation and the common law. (10:35)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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