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VIDEO · 23 DECEMBER 2025

Appealing Briefs – 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 — and that a couple who had used a strip of city-owned parkland...

CanadaLitigation, Mediation & Arbitration
Canadian Appeals Monitor
Canadian Appeals Monitor
Adam Goldenberg
Adam Goldenberg
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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)

Hosted by partner Adam Goldenberg, Appealing Briefs keeps listeners updated on recent decisions from Canada's courts of appeal. Each episode provides key takeaways and implications for businesses and industry, with insights from Canada's leading lawyers and business advisors.

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