Appealing Briefs – Episode 24: Kosicki: Adverse Possession, Statutory Interpretation, and the Common Law

Is municipal parkland immune from adverse possession? In Kosicki v. Toronto (City), the Supreme Court of Canada ruled that, under Ontario law, it is not — and that a couple who had used a strip of city-owned parkland as part of their backyard had become its rightful owners. Adam Goldenberg speaks with McCarthy Tétrault lawyers Jonathan Nehmetallah and Gregory Ringkamp about the implications of this decision for landowners and municipalities, and about the relationship between civil legislation and the common law. (10:35)

Hosted by partner Adam Goldenberg, Appealing Briefs keeps listeners updated on recent decisions from Canada’s courts of appeal. Each episode provides key takeaways and implications for businesses and industry, with insights from Canada’s leading lawyers and business advisors.

This podcast series qualifies for CPD credit under the mandatory education regimes in British Columbia and Ontario.

Appealing Briefs is available on Spotify and Apple Podcasts.

McCarthy Tétrault LLP is providing this podcast as a public service, and while it may contain legal information, it is neither legal advice nor a legal opinion, recommendation or statement of policy of McCarthy Tétrault LLP. The information, views and personal opinions expressed by guests from outside of McCarthy Tétrault LLP are entirely their own and their appearance on the podcast does not express or imply an endorsement by McCarthy Tétrault LLP of the information, views or opinions expressed by any guest, or of any entity they represent.