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ARTICLE · 07 OCTOBER 2025

Supreme Court Clarifies Adverse Possession: Key Takeaways From Kosicki v. Toronto

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On September 19, 2025, the Supreme Court of Canada released its long-anticipated decision in Kosicki v. Toronto (City), 2025 SCC 28. The case directly addressed whether private...

CanadaLitigation, Mediation & Arbitration
Michael Polowin
Michael Polowin
Crystal McConkey
Crystal McConkey
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On September 19, 2025, the Supreme Court of Canada released its long-anticipated decision in Kosicki v. Toronto (City), 2025 SCC 28. The case directly addressed whether private landowners can succeed in adverse possession claims against municipal property that is not a highway or road allowance.

In this case, the subject lands were parkland, but this decision could have an impact on a variety of municipal properties. The ruling provides important clarity for property owners, municipalities, and developers alike.¹

The legal test for adverse possession

In Ontario, adverse possession—often called "squatters' rights"—is a common law right that is also governed by the Real Property Limitations Act (RPLA). The Court reaffirmed that a party seeking title through adverse possession must demonstrate three key elements, satisfied continuously for at least ten years before the property was brought into the Land Titles System:

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