Last month, the Supreme Court was tasked with deciding whether acquisitive prescription may operate in the absence of a judicial declaration, and notwithstanding another party’s registration of rights. The majority’s answer in Ostiguy c. Allie, 2017 SCC 22, perhaps surprisingly, was yes.
On August 24, 2015, the Court of Appeal rendered an important decision regarding acquisitive prescription. The majority of the Court dismissed the appeal from the decision of Justice Dumas, J.S.C., effectively recognizing that the Respondent, Ms. Allie, had acquired title to two parking spots that were, according to the Land Registry, squarely located on the property of Appellants, Mr. Ostiguy and Ms. Savard. In dissent, Justice Jacques, J.C.A. (ad hoc), concerned over the stability of real estate transactions, explained why he would have granted the appeal.