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Decision finds title insurance covers losses due to unmarketable title

Wednesday, September 05, 2018 @ 9:14 AM | By Matthias Duensing

We had previously discussed the Ontario Court of Appeal decision in MacDonald v. Chicago Title Insurance Co. of Canada 2015 ONCA 842, in The Lawyers Weekly. The first case following this decision is Breen v. FCT Insurance 2018 ONSC 3644.

In 1999, the Breen family purchased a cottage that had been custom-built by a previous owner. Everything was above board — except for one finicky detail.

Acting in the ordinary course, the Breens’ conveyancing lawyer conducted an off-title search with the Building Department and spoke to the...