In a closely divided 5-4 ruling in Kosicki v. Toronto
(City), 2025 SCC 28, the Supreme Court of Canada confirmed
that municipalities and other public bodies in Ontario are not
immune to adverse possession claims, unless the land in question is
explicitly protected by legislation.
This breakthrough decision carries significant implications for
landowners and public authorities across Ontario, particularly
municipal planners and legal departments who must now reassess
their land management practices to mitigate exposure and preserve
public assets.
Facts
Pawel Kosicki and Megan Munro purchased a residential property
in Toronto in 2017, only to later discover that a portion of their
backyard was municipally owned and designated as parkland. The land
had been expropriated by the Metropolitan Toronto and Region
Conservation Authority in 1958 and conveyed to the City in 1971.
That portion of the backyard had been enclosed by a fence since at
least 1971, preventing
