Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40908
Pawel Kosicki, et al. v. City of Toronto, Formerly the Corporation of the Borough of York
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-05 | Transcript received, 118 pages | |
| 2025-01-16 | Judgment reserved OR rendered with reasons to follow | |
| 2025-01-16 |
Hearing of the appeal, 2025-01-16, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision reserved |
|
| 2025-01-14 | Intervener's condensed book, (Book Form), (Printed version filed on 2025-01-14) | City of Ottawa |
| 2025-01-13 | Respondent's condensed book, (Book Form), (Printed version due on 2025-01-20) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2025-01-13 | Appellant's condensed book, (Book Form), (Printed version filed on 2025-01-13) | Pawel Kosicki |
| 2024-12-13 | Notice of appearance, (Letter Form), Anne Tardif will appear before the court. Anne Tardif will present the oral arguments. , (Printed version due on 2024-12-20) | City of Ottawa |
| 2024-12-12 | Notice of appearance, (Letter Form), Heather Cochran, Phong Phan and Tim Quirk will appear before the Court. Heather Cochram will be presenting oral arguments. , (Printed version due on 2024-12-19) | Attorney General of British Columbia |
| 2024-12-11 | Notice of appearance, (Letter Form), Notice of appearance, (Letter Form), Michael J. Sims and Michael Saad will appear before the court. Michael J. Sims will present the oral arguments. (Printed version due on 2024-12-18), (Printed version due on 2024-12-18) | Attorney General of Ontario |
| 2024-12-11 | Notice of appearance, (Letter Form), Michele Brady, Alison Mintoff and Amy Tieu will appear before the court. Michele Brady and Alison Mintoff will present the oral arguments. , (Printed version filed on 2024-12-12) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-12-11 | Notice of appearance, Gregory Ringkamp, Connor Bildfell and Adam Goldenberg will appear before the court. Gregory Ringkamp will be presenting oral arguments. | Advocates for the Rule of Law |
| 2024-12-11 | Notice of appearance, (Letter Form), Philip C.M. Huynh, Allan Wu and Benjie Lee will appear before the court. Allan Wu will be presenting the oral arguments. , (Printed version due on 2024-12-18) | City of Surrey |
| 2024-12-10 |
Notice of appearance, (Letter Form), Sarah Turney, Daniel Richer and Jasmeen Kabuli will appear before the court. Sarah Turney and Daniel Richer will be presenting oral arguments. 2 reserved seats requested., (Printed version filed on 2024-12-10) |
Pawel Kosicki |
| 2024-11-22 | Respondent's book of authorities, (Book Form), for reply factum, Completed on: 2024-11-22, (Printed version filed on 2024-11-22) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-11-22 | Reply factum on appeal, (Book Form), Completed on: 2024-11-22, (Printed version filed on 2024-11-22) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-11-21 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-11-22) | Pawel Kosicki |
| 2024-11-21 | Appellant's book of authorities, (Book Form), For factum reply, Completed on: 2024-11-22, (Printed version filed on 2024-11-22) | Pawel Kosicki |
| 2024-11-21 |
Reply factum on appeal, (Book Form), Missing: -Beige cover (x24) (rec'd 2024-11-26), Completed on: 2024-11-22, (Printed version filed on 2024-11-22) |
Pawel Kosicki |
| 2024-11-08 | Intervener's book of authorities, Completed on: 2024-11-12, (Printed version filed on 2025-01-02) | Advocates for the Rule of Law |
| 2024-11-08 | Intervener's factum, (Book Form), Completed on: 2024-11-12, (Printed version filed on 2025-01-02) | Advocates for the Rule of Law |
| 2024-11-08 | Intervener's factum, (Book Form), Completed on: 2024-11-12, (Printed version filed on 2024-11-18) | Attorney General of British Columbia |
| 2024-11-08 | Intervener's book of authorities, (Book Form), Completed on: 2024-11-12, (Printed version filed on 2024-11-18) | Attorney General of British Columbia |
| 2024-11-08 | Intervener's book of authorities, (Book Form), Completed on: 2024-11-08, (Printed version filed on 2024-11-12) | City of Surrey |
| 2024-11-08 | Intervener's factum, (Book Form), Completed on: 2024-11-08, (Printed version filed on 2024-11-12) | City of Surrey |
| 2024-11-08 | Intervener's book of authorities, (Book Form), Completed on: 2024-11-08, (Printed version filed on 2024-11-12) | Attorney General of Ontario |
| 2024-11-08 | Intervener's factum, (Book Form), Completed on: 2024-11-08, (Printed version filed on 2024-11-12) | Attorney General of Ontario |
| 2024-11-08 | Intervener's factum, (Book Form), Completed on: 2024-11-08, (Printed version filed on 2024-11-12) | City of Ottawa |
| 2024-11-06 | Notice of hearing sent to parties | |
| 2024-11-06 |
Appeal hearing scheduled, 2025-01-16 Decision reserved |
|
| 2024-10-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-09-27 | Order on motion for leave to intervene, By THE CHIEF JUSTICE | |
| 2024-09-27 |
Decision on the motion for leave to intervene, CJ, UPON APPLICATIONS by the City of Surrey; the Attorney General of British Columbia; Advocates for the Rule of Law; the City of Ottawa and the Attorney General of Ontario, for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the five (5) interveners shall be entitled to each serve and file a single factum, not to exceed ten (10) pages in length, and a book of authorities, if any, on or before November 8, 2024. The five (5) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellants and the respondent are granted permission to each serve and file a single factum in reply to all interventions not to exceed five (5) pages, if any, on or before November 22, 2024. The interveners are not entitled to make submissions that would duplicate the submissions of the other parties. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondent any additional disbursements resulting from their interventions. Judgment accordingly |
|
| 2024-09-27 | Submission of motion for leave to intervene, CJ | |
| 2024-08-27 | Notice of change of counsel, adding a new counsel for the respondent's team, (Printed version filed on 2024-08-28) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-08-27 | Certificate of counsel (attesting to record), Form 24B, (Printed version filed on 2024-08-28) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-08-27 | Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2024-08-28, (Printed version filed on 2024-08-28) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-08-27 | Respondent's record, (Book Form), Completed on: 2024-08-28, (Printed version filed on 2024-08-28) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-08-27 | Respondent's factum, (Book Form), Completed on: 2024-08-27, (Printed version filed on 2024-08-28) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-08-13 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-08-19, (Printed version filed on 2024-08-14) | Advocates for the Rule of Law |
| 2024-08-09 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-08-12, (Printed version filed on 2024-08-09) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2024-08-09 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-08-12, (Printed version filed on 2024-09-12) | Pawel Kosicki |
| 2024-07-30 | Certificate (on limitations to public access), 23A | Attorney General of Ontario |
| 2024-07-30 | Motion for leave to intervene, (Book Form), Completed on: 2024-08-12, (Printed version due on 2024-08-07) | Attorney General of Ontario |
| 2024-07-30 | Notice of name | City of Ottawa |
| 2024-07-30 | Motion for leave to intervene, (Book Form), Completed on: 2024-08-12, (Printed version filed on 2024-07-30) | City of Ottawa |
| 2024-07-29 | Notice of name, (Letter Form), (Printed version filed on 2024-08-14) | Advocates for the Rule of Law |
| 2024-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2024-08-12, (Printed version filed on 2024-08-14) | Advocates for the Rule of Law |
| 2024-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2024-08-12, (Printed version filed on 2024-07-30) | Attorney General of British Columbia |
| 2024-07-29 | Notice of name | City of Surrey |
| 2024-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2024-08-12, (Printed version filed on 2024-07-30) | City of Surrey |
| 2024-07-02 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2024-07-03) | Pawel Kosicki |
| 2024-07-02 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-07-03) | Pawel Kosicki |
| 2024-07-02 | Appellant's record, (Book Form), 2 volumes, Completed on: 2024-07-03, (Printed version filed on 2024-07-03) | Pawel Kosicki |
| 2024-07-02 | Appellant's factum, (Book Form), Completed on: 2024-07-03, (Printed version filed on 2024-07-03) | Pawel Kosicki |
| 2024-05-07 | Notice of appeal, (Letter Form), Completed on: 2024-05-07, (Printed version filed on 2024-05-07) | Pawel Kosicki |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
Judgment of the Court on the application for leave to appeal, See decision on application, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70861, 2023 ONCA 450, dated June 23, 2023, is granted with costs in the cause. Granted, with costs |
|
| 2024-03-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-02 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-11-01, (Printed version filed on 2023-11-02) | Pawel Kosicki |
| 2023-10-23 | Book of authorities, (Book Form), Completed on: 2023-10-23, (Printed version filed on 2023-10-23) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2023-10-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-23) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2023-10-23 | Notice of name, (Letter Form), (Printed version filed on 2023-10-23) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2023-10-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-10-23, (Printed version filed on 2023-10-23) | City of Toronto, Formerly the Corporation of the Borough of York |
| 2023-09-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-09-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-20) | Pawel Kosicki |
| 2023-09-19 |
Application for leave to appeal, (Book Form), Missing: - Filling Fee (Rec'd 2023-09-22), Completed on: 2023-09-25, (Printed version filed on 2023-09-20) |
Pawel Kosicki |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Kosicki, Pawel | Appellant | Active |
| Munro, Megan | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Toronto, Formerly the Corporation of the Borough of York | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| City of Surrey | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Advocates for the Rule of Law | Intervener | Active |
| City of Ottawa | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Kosicki, Pawel
Counsel
Daniel T. Richer
Jasmeen Kabuli
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-4542
Email: sturney@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: Munro, Megan
Counsel
Daniel T. Richer
Jasmeen Kabuli
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-4542
Email: sturney@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Party: City of Toronto, Formerly the Corporation of the Borough of York
Counsel
Alison Mintoff
Amy Tieu
55 John Street, 26th Floor
The City of Toronto Legal Services Metro Hall
Toronto, Ontario
M5V 3C6
Telephone: (416) 338-8047
FAX: (416) 397-5624
Email: Michele.Brady@toronto.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: City of Surrey
Counsel
Allan Wu
Benjie Lee
13450 - 104th Avenue
Legal Services Division
Surrey, British Columbia
v3t 1v8
Telephone: (604) 591-4124
FAX: (604) 599-1613
Email: phuynh@surrey.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Attorney General of British Columbia
Counsel
Phong Phan
Tim Quirk
Legal Services Branch, Indigenous Legal Relations
3rd Floor, 1405 Douglas Street
Victoria, British Columbia
V8W 9J5
Telephone: (250) 387-0408
FAX: (250) 387-0343
Email: heather.cochran@gov.bc.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Advocates for the Rule of Law
Counsel
Connor Bildfell
Gregory Ringkamp
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: agoldenberg@mccarthy.ca
Party: City of Ottawa
Counsel
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0203
FAX: (613) 788-3523
Email: anne.tardif@gowlingwlg.com
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Michael Saad
Crown Law Office - Civil
720 Bay Street, 8th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 420-4983
FAX: (416) 326-4181
Email: michael.sims@ontario.ca
Agent
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Summary
Keywords
Courts — Jurisdiction — Property — Real property — Adverse possession — Home owner fencing off part of municipal parkland for their own use and subsequent owners seeking to acquire that land by way of a claim for adverse possession — Does the statutory scheme or existing case law support the Court of Appeal’s decision to exempt municipal parkland from the real property limitations legislation? — Did the Court of Appeal have the jurisdiction to use the common law to provide that municipal parkland is exempt or immune from the real property limitations legislation? — If so, was it appropriate for the Court of Appeal to amend the law of adverse possession to find that municipal parkland is exempt or immune from claims of adverse possession? — Real Property Limitations Act, R.S.O. 1990, c. L.15, ss. 4, 15, 16.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The appellants are owners of a residential property in the City of Toronto. They sought an order for adverse possession of a parcel of City parkland that their predecessors in title had fenced off with a chain link fence and enclosed into their backyard. The City acknowledged that the appellants’ evidence satisfied the traditional test for adverse possession. The issue was whether the disputed land was nevertheless immune to a claim for adverse possession by virtue of being City land. The application judge found that a private landowner could not acquire title by encroaching on public land and fencing off portions for their private use. This decision was upheld on appeal.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 3473
Applicants’ application for order for adverse possession of parcel of City land dismissed
Court of Appeal for Ontario
2023 ONCA 450, C70861
Applicants’ appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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