Oro-Medonte (Township) v. Warkentin et al.

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgeHowden, J.
Citation2013 ONSC 1416,[2013] O.T.C. Uned. 1416,[2013] O.T.C. Uned. 1416 (SC)
Date07 March 2013
Subject MatterHIGHWAYS,REAL PROPERTY,MUNICIPAL LAW,TORTS

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16 practice notes
  • Court Of Appeal Summaries (July 14-18, 2025)
    • Canada
    • Mondaq Canada
    • July 25, 2025
    ...Municipal Law, Land Use Planning, Zoning, Road Allowances, Statutory Interpretation, Retroactivity, Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, Visnjic v. Town of LaSalle, 2017 ONSC 2082 Alami v. Haddad, 2025 ONCA 527 Keywords: Family Law, Property, Matrimonial Home, Resulting Trus......
  • Cohen v. Estate of Cohen
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 7, 2021
    ...on the part of the plaintiff was considered to be a defence to a declaratory judgment." [93] In Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, at para. 139, Justice Howden considered Hongkong, and concluded that “[t]he result from that decision is that the doctrine of laches, based as......
  • Adverse Possession And Public Parks: Ontario's Top Court Splits On The "Public Benefit" Test
    • Canada
    • Mondaq Canada
    • July 12, 2023
    ...& Russell (United Counties) v. Waugh (2004), 15 M.P.L.R. (4th) 314 (Ont. S.C.), at para. 21; Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, at para. 119 3. Kosicki v. Toronto (City), 2023 ONCA 450 at para. 11. 4. Kosicki v. Toronto (City), 2023 ONCA 450 at para. 47. 5. Kosicki v. Toro......
  • Cunningham v Alberta (Métis Settlements Land Registrar)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • May 1, 2020
    ...The doctrine of laches is an equitable remedy. [60]        In Oro-Medonte (Township) v Warkentin, 2013 ONSC 1416 at para 140, the Ontario Superior Court of Justice stated as In [Meaford (Municipality) v Grist (2011), 2011 ONSC 5195], the court held that ap......
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16 cases
  • Kosicki v. Toronto (City), 2025 SCC 28
    • Canada
    • Supreme Court (Canada)
    • September 19, 2025
    ...Distinguished: R. v. Basque, 2023 SCC 18 ; considered: Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, 30 R.P.R. (5th) 44 ; Nelson (City) v. Mowatt, 2017 SCC 8 , [2017] 1 S.C.R. 138 ; R. v. McCormick (1859), 18 U.C.Q.B. 131; Prescott & Russell (United Counties) v. Waugh (2004)......
  • Kosicki v Toronto (City)
    • Canada
    • Supreme Court (Canada)
    • September 19, 2025
    ...in the law. Cases Cited By O'Bonsawin J. Distinguished: R. v. Basque, 2023 SCC 18 ; considered: Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, 30 R.P.R. (5th) 44 ; Nelson (City) v. Mowatt, 2017 SCC 8 , [2017] 1 S.C.R. 138 ; R. v. McCormick (1859), 18 U.C.Q.B. 131; Prescott & R......
  • Cohen v. Estate of Cohen
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 7, 2021
    ...on the part of the plaintiff was considered to be a defence to a declaratory judgment." [93] In Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, at para. 139, Justice Howden considered Hongkong, and concluded that “[t]he result from that decision is that the doctrine of laches, based as......
  • Cunningham v Alberta (Métis Settlements Land Registrar), 2020 ABQB 301
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • May 1, 2020
    ...The doctrine of laches is an equitable remedy. [60]        In Oro-Medonte (Township) v Warkentin, 2013 ONSC 1416 at para 140, the Ontario Superior Court of Justice stated as In [Meaford (Municipality) v Grist (2011), 2011 ONSC 5195], the court held that ap......
  • Get Started for Free
5 firm's commentaries
  • Court Of Appeal Summaries (July 14-18, 2025)
    • Canada
    • Mondaq Canada
    • July 25, 2025
    ...Municipal Law, Land Use Planning, Zoning, Road Allowances, Statutory Interpretation, Retroactivity, Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, Visnjic v. Town of LaSalle, 2017 ONSC 2082 Alami v. Haddad, 2025 ONCA 527 Keywords: Family Law, Property, Matrimonial Home, Resulting Trus......
  • Adverse Possession And Public Parks: Ontario's Top Court Splits On The "Public Benefit" Test
    • Canada
    • Mondaq Canada
    • July 12, 2023
    ...& Russell (United Counties) v. Waugh (2004), 15 M.P.L.R. (4th) 314 (Ont. S.C.), at para. 21; Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416, at para. 119 3. Kosicki v. Toronto (City), 2023 ONCA 450 at para. 11. 4. Kosicki v. Toronto (City), 2023 ONCA 450 at para. 47. 5. Kosicki v. Toro......
  • Stratford Stands Strong In Court Of Appeal Decision On Side-Yard Squabbles
    • Canada
    • Mondaq Canada
    • August 13, 2025
    ...title for public benefit" and "is imbued with special public significance", quoting Howden J. in Oro-Medonte (Township) v. Warkentin, 2013 ONSC 1416 at para. Implications for Municipalities Here are the main insights for Ontario municipalities: Municipal Approval Must Be Clear: If a municip......
  • Kosicki v Toronto: An Update From The Ontario Court Of Appeal Regarding Adverse Possession Of Municipal Lands
    • Canada
    • Mondaq Canada
    • September 11, 2023
    ...Kosicki v City of Toronto, 2022 ONSC 3473 ["Kosicki, ONSC"] at paras 3-4. 3. Ibid at paras 6-14. 4. Oro-Medonte (Township) v Warkentin, 2013 ONSC 1416 at para 5. Richard v Niagara Falls, 2018 ONSC 7389 at para 27. 6. Public highways are protected from claims of adverse possession- see Kosic......
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