Facts
An irregularly-shaped piece of land within a large plan of
subdivision, named Lake Shore Promenade (the
"Promenade"), was dedicated to the
Township of Oro (the "Township") in
1914. Over the years following the dedication, neighbouring
property owners built private structures on the Promenade, with the
Township's full awareness. The Township brought an action
seeking a declaration by the court that the Promenade is
municipally owned. The landowners sought ownership of parts of the
Promenade by reason of long-time possession.
Decision
Justice Howden of the Ontario Superior Court of Justice held
that the dedicated land is owned by the Township. The Court
rejected the landowners' adverse possession claim. Justice
Howden explained that "land acquired by a municipality and
used for public purposes is held in trust for the benefit of the
public and cannot be lost, or the municipality's title
extinguished, by reason of ordinary acts or omissions within
