Wilson, J.A. – # This is an appeal from an order of His Honour Judge Nicholls holding that the respondents had acquired a possessory title to a portion of the appellants’ land subject to an easement remaining in the appellants. The facts are more fully set out in the reasons for judgment of the learned trial Judge but the more significant ones for purposes of this appeal may be summarized under the following headings: ...
Sossin J.A. – # Overview # Can private landowners gain title over municipal parkland through adverse possession? This is the central question raised on this appeal. The application judge answered this question by finding that municipal parkland is immune to adverse possession. While I would not accept such an immunity arises at common law, I conclude the application judge was correct in finding that the municipal parkland at issue in this case was not available for adverse possession. ...
Clute J. — # The plaintiff claims as owner and occupier of lots 28 and 29, block “A,” Marmot street, North Toronto, registered plan No. 722, and asks an injunction restraining the defendant from trespass and for damages for former trespass and forcible entry. The defendant denies that the plaintiff is the owner of the lots in question, and says that he purchased the same from the registered owner thereof, and thereupon entered into possession of the same and built a fence thereon and planted a crop, which are the trespasses complained of. ...