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Protecting public lands from adverse possession

by DAVIS E
Protecting public lands from adverse possession
Published in February 2026 - Page 41

The landscape for adverse possession claims against municipally owned parkland has recently been altered due to the Supreme Court of Canada (SCC) decision on Sept. 19, 2025, in Kosicki v. Toronto (City), 2025 SCC 28 (Kosicki).

While the Court of Appeal upheld the lower court’s decision that municipal parkland is immune to adverse possession claims unless a municipality waives its rights or acquiesces to private use, the disputed strip of municipal parkland was confirmed to

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