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The Boundaries of Common Law: Parkland is Not Immune from Adverse Possession

October 8, 2025 | Raivo Uukkivi, Jennifer Evola, Laura Cloutier, Peter Voltsinis, Cassels

Is municipal parkland immune from claims of adverse possession, and what role does the common law have in claims of adverse possession? In Kosicki v Toronto (City), 2025 SCC 28 (Kosicki), the Supreme Court of Canada (the SCC) answered these questions in a decision that likely has broader implications on the application of statutory law in Canada.

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