An interesting dirt law decision from north of the border in a case we’ve been following.

In Kosicki v. City of Toronto, No. 40908 (Sep. 19, 2025), the Supreme Court of Canada held that the usual common law rule of “no adverse possession against the government” didn’t govern, and permitted a private owner to do just that.

We can’t say we understand fully the decision as we have not been “called to the Bar” in Canada, but since our legal systems have a common legal ancestor, we can understand enough to get the story.

Here’s how the majority framed the issue:

[1] The issue in this appeal is whether the appellants, Pawel Kosicki and Megan Munro, can succeed in their claim for possessory title under the Real Property Limitations Act, R.S.O. 1990, c. L.15 (“RPLA”). Since 2017, the appellants have jointly owned a residential property…