OTTAWA – In a notable legal decision, the Supreme Court of Canada has ruled in favor of a Toronto couple, Pawel Kosicki and Megan Munro, regarding a dispute over a portion of their backyard that was previously designated as property of the City of Toronto. The couple purchased their residential property in 2017 and later discovered that the municipal government held the title to a section of their yard, which was enclosed by a chain-link fence.

Upon realizing this issue, Kosicki and Munro approached the City of Toronto with the intent to purchase the segment of land that they had maintained as their own and used for recreational purposes, particularly as a play area for their children. However, the city rejected their request, prompting the couple to pursue legal action. They sought a declaration of adverse possession, commonly referred to as squatter's rights, which allows a person to claim ownership of land under certain conditions, even if they do not hold the formal title.

The case initially went before the Ontario Superior Court, which ruled against the couple, a decision that was later upheld by the Court of Appeal for Ontario. Despite these setbacks in the lower courts, Kosicki and Munro continued to fight for their claim, ultimately leading to an appeal to the Supreme Court of Canada.

In its recent decision, the Supreme Court sided with Kosicki and Munro, stating that according to applicable statutory rules, the title held by the City of Toronto had been extinguished over forty years ago. This ruling highlights a significant interpretation of property rights and the principles surrounding adverse possession in Canada.

The Supreme Court's verdict is not only a victory for the couple but also sets an important precedent regarding land ownership and municipal title claims among homeowners. The outcome reflects the complexities involved in property law and the rights of individuals to claim ownership based on long-term possession and maintenance.

This legal dispute, which culminated in a definitive ruling from the highest court in the country, underscores the challenges that homeowners can encounter concerning municipal land ownership, particularly when there is a lack of clarity regarding property boundaries and titles. The case illustrates the critical balance between municipal interests and individual property rights, raising awareness about the potential for similar claims by other homeowners in Canada.

This report by The Canadian Press was first published on September 19, 2025.