Canadian Supreme Court rules in favor of homeowners regarding a contentious section of their garden yard
In a landmark decision, the Supreme Court of Canada has granted ownership of a disputed portion of a backyard to Pawel Kosicki and Megan Munro, a Toronto couple. The ruling, published on September 19, 2025, was first reported by Jim Bronskill for The Canadian Press.
Over four decades ago, the city of Toronto expropriated a parcel of land within the garden of the couple's residential property. However, it was only several years after their purchase of the property in 2017 that they discovered the City of Toronto held the title to a part of their yard.
The couple took the city to court seeking a declaration of adverse possession, also known as squatter's rights. Their claim was based on the fact that they had been maintaining and using the disputed portion of their backyard as a play area for their children, enclosed by a chain-link fence.
The Ontario Superior Court initially ruled against the couple, a decision that was upheld by the province's Court of Appeal. However, the Supreme Court of Canada sided with Kosicki and Munro, stating that under the applicable statutory rules, the city's title to the land was extinguished over four decades ago.
The Supreme Court's ruling is significant as it sets a precedent for similar cases in the future. The exact size and dimensions of the disputed portion of the backyard were not specified in the news article or the ruling.
Notably, the city refused to sell the disputed portion to the couple. The Supreme Court's ruling reverses the previous decisions against Kosicki and Munro, granting them ownership of the disputed portion of their backyard.
This case underscores the importance of property rights and the legal process in resolving disputes. It serves as a reminder that even long-standing disputes can be resolved through the courts, providing a measure of justice for those affected.
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