Real Estate Litigation Lawyers
Title Insurance Claims
Generally speaking, title insurance in Ontario is a form of insurance that protects property owners and lenders against financial loss related to title defects, liens, and other issues that could impact ownership or the ability to sell or refinance a property. Title insurance claims in Ontario can arise for a variety of reasons, including:
- Fraudulent or invalid transfers: If someone fraudulently transfers the title of a property or if a transfer is invalid, it can result in a title defect and a claim against the title insurance policy.
- Encumbrances: A title defect can arise from an encumbrance on the property, such as a lien, mortgage, or easement that was not discovered during the title search.
- Boundary disputes: Disputes over the property boundaries, including encroachments and unregistered rights of way, can result in a claim against the title insurance policy.
- Zoning and building code violations: If a property owner is found to be in violation of zoning or building codes, it can lead to a claim against the title insurance policy.
- Title search errors: If a title search is conducted incorrectly, it can result in a title defect and a claim against the title insurance policy.
To make a claim against a title insurance policy in Ontario, the property owner or lendermust provide notice of the claim to the title insurer in writing, along with any supporting documentation. The insurer will then investigate the claim and determine if it is covered under the policy. If the claim is covered, the insurer will typically pay for the legal costs and any financial losses related to the claim, up to the policy limits.
If a title insurance claim in Ontario is denied by the insurer, the property owner or lender may have recourse to litigation. The first step is to review the terms and conditions of the title insurance policy to determine if the claim was denied for a legitimate reason. If the insurer acted in bad faith or failed to comply with the terms of the policy, the property owner or lender may have grounds for a legal claim.
In Ontario, the courts have recognized that title insurance policies are contracts between the insurer and the insured, and that the insurer has a duty to act in good faith in handling claims. If the insurer breaches this duty, the insured may be entitled to damages for the financial losses incurred as a result of the breach.
However, it is important to note that litigation can be a costly and time-consuming process, and it may not always result in a favorable outcome. Before pursuing litigation, it may be advisable to consult with a lawyer who is experienced in title insurance claims in Ontario to determine the strength of the case and the likelihood of success.
In some cases, alternative dispute resolution methods such as mediation or arbitration may be a more efficient and cost-effective way to resolve the dispute without going to court. The choice of dispute resolution method will depend on the specific circumstances of the case, including the nature of the claim, the strength of the evidence, and the willingness of the parties to negotiate a settlement.
Boundary disputes in Ontario involve disagreements between property owners over the location and ownership of a property’s boundary.
Land Use Disputes
Real Estate Litigation Consulting
Title Insurance Claims
Real Estate Fraud
As a litigation law firm, we understand that real estate fraud can be a serious problem for individuals and businesses. We know that it typically involves deceptive practices in real estate transactions, such as mortgage fraud, misrepresentation of property values, and other types of fraudulent behavior. We also know that real estate fraud can be perpetrated by individuals, real estate agents, brokers, or other parties involved in the transaction.
Real Estate Contracts
Real Estate Agent and Broker Liability
Mortgage and Foreclosure Litigation
Mortgage and foreclosure litigation can be complex and require legal expertise to resolve. In Ontario, mortgage and foreclosure litigation is governed by the Mortgages Act and other relevant legislation.
Easements and Rights of Way
Easements are legal rights granted to someone other than the owner of a property to use a specific portion of the property for a specific purpose.
In Ontario, easements are governed by the common law and the Land Titles Act, which provides for the registration of easements on a property’s title.
Whether you are a landlord seeking to evict a tenant, or a tenant facing eviction or other legal issues, our team is here to help. We provide comprehensive legal services, including negotiating settlements, representing clients at the Landlord and Tenant Board, and pursuing litigation in court.
Commercial Leasing Disputes
Leasing disputes in Ontario involve legal disputes between landlords and tenants over the terms and conditions of a lease. Leasing disputes can be complex and require legal expertise to resolve. In Ontario, leasing disputes are governed by the Residential Tenancies Act (RTA) and the Commercial Tenancies Act (CTA), depending on the type of lease involved.
Agreements of Purchase and Sale
Breach of contract claims can be highly complex and can arise in a variety of situations where one party fails to fulfill their obligations under a contract. This can occur in a wide range of legal agreements, including contracts related to real estate transactions, employment agreements, sales contracts, construction agreements, and more.
Joint Venture and Partnership Disputes
Joint venture and partnership disputes arise when two or more parties collaborate on a real estate project. Disputes can arise over issues related to ownership, management, and financing.