In 2708959 Ontario Inc. v. Stratford (City) (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, here where the appellant "sought to have the encroachments deemed to be legal non-conforming structures" and more.
Here the court considers the nature of municipal real property:
[30] The application judge noted the fact that the land being encroached is a municipal road allowance – “land held by the municipality in trust for a public purpose – the common benefit of a municipality’s residents”. As Howden J. noted in Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, 30 R.P.R. (5th) 44, at para. 118, “property that is owned by a municipality is held by way of a qualified title for public benefit” and “is imbued with special public significance.”
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
