In an appeal concerning adverse possession of municipal parkland, the appellants sought possessory title to a fenced portion of backyard land registered to the municipality.
The majority held that recognizing a common law immunity for municipal parkland would conflict with Ontario’s statutory scheme under the Real Property Limitations Act and related legislation, which preserves matured possessory claims unless a statutory exception applies.
Because the statutory test for adverse possession was satisfied and no applicable statutory immunity barred the claim, the municipality’s title had been extinguished.
The appeal was allowed and the appellants were entitled to fee simple title to the disputed land.
