OTTAWA — The Supreme Court of Canada has ruled that a Toronto couple owns a portion of their backyard, resolving a dispute that arose when they discovered the City of Toronto held the title to that land. Pawel Kosicki and Megan Munro purchased their home in 2017. Years later, they learned that a section of their yard, which was enclosed by a chain-link fence, was owned by the municipality.

After realizing the city claimed ownership, Kosicki and Munro inquired about buying the disputed area. They had maintained this section as their own and used it as a play area for their children. However, the city declined their request.

In response, the couple sought legal action, aiming for a declaration of adverse possession, commonly referred to as squatter's rights. Initially, the Ontario Superior Court ruled against them. This decision was later upheld by the province's Court of Appeal.

The Supreme Court's recent ruling overturned those earlier decisions. The court stated that, according to applicable statutory rules, the city's title to the land had been extinguished over 40 years ago. This decision grants Kosicki and Munro ownership of the backyard portion in question.