Alison Mintoff

The appellants sought title to a portion of municipal parkland that their predecessors had fenced off and exclusively used since at least 1971.

The application judge dismissed the claim, finding that municipal parkland is immune to adverse possession.

The Court of Appeal dismissed the appeal, holding that while there is no absolute common law immunity, municipal parkland is presumptively unavailable for adverse possession under the 'public benefit' test unless the municipality has waived its rights or acquiesced to the possession.

The dissenting judge would have allowed the appeal, arguing that the Real Property Limitations Act provides a complete code that does not exempt municipal parkland.

The appellants appealed a motion judge's decision striking out their negligence claim against the Toronto Police Services Board without leave to amend.

The appellants alleged the police owed them a duty of care in investigating a crime affecting their family.

The Court of Appeal upheld the dismissal, finding that the precedent in Wellington v. Ontario established that police do not owe a private law duty of care to victims of crime and their families in relation to police investigations.

The court rejected the appellants' arguments that their case was distinguishable based on their lack of certain victim remedies or their assistance to police in the investigation.