Developers holding registered title to a parkette appealed a declaration that a municipality was the legal and beneficial owner of the land.
The Court of Appeal upheld the application judge’s finding that a 1973 subdivision agreement requiring conveyance of the parkette to the municipality superseded an earlier 1972 agreement that included a potential re‑conveyance clause.
The court further held that the land’s administrative conversion to the Land Titles system did not extinguish the municipality’s equitable interest because the developers had actual notice of that interest.
The municipality’s claim was not statute‑barred under the Real Property Limitations Act because it had remained in continuous possession of the park since the 1970s.
In the alternative, the doctrine of dedication and acceptance independently supported municipal ownership after decades of public use.
