SCC rules 5-4 in favour of Toronto homeowners’ adverse possession claim against municipal parkland

By Cristin Schmitz ( September 19, 2025, 5:46 PM EDT) -- In a far-reaching adverse possession judgment that rejects a judge-made immunity for municipal parkland facing matured possessory claims in Ontario, the Supreme Court of Canada has ruled 5-4 that two Toronto homeowners own a piece of adjoining municipal parkland that was fenced into their backyard decades ago by the home’s previous owner....