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Sarah Turney discusses a landmark Supreme Court ruling regarding an adverse possession claim in Law 360

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Overview

“SCC rules 5-4 in favour of Toronto homeowners’ adverse possession claim against municipal parkland,ˮ by Cristin Schmitz, Law 360

Toronto Partner, Sarah Turney, discusses a landmark Supreme Court ruling regarding an adverse possession claim of municipal parkland by Toronto homeowners, in an article published in Law 360.

The team of Sarah Turney, Daniel Richer and Jasmeen Kabuli represented the appellants. In the article, Sarah underlines the significant legal implications of the ruling.

“This case settles the law after years of uncertainty, due in part to a series of Ontario court decisions that indicated that parkland ought to be treated differently from other types of land under the Real Property Limitations Act (RPLA) […] The decision clarifies the law and confirms that it is the intent of the legislature, and the effect of the RPLA, to preserve matured claims of adverse possession on municipal parkland,ˮ explained Partner, Sarah Turney.