September 2009

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Lang Michener LLP lawyers remain the leading experts on title insurance in Canada

Bruce McKenna, with significant assistance from Matthew German and Bob Fraser, has completely redrafted the title insurance sections of the CCH Ontario Real Estate Law Guide published by CCH Canada.  These are the title insurance sections under the Divisions of the Guide relating to Professional Duties and Liabilities, Mortgages and Title Conveyancing.  Bruce originally drafted them in 1997 and has updated them from time to time since then.

Title insurance in Ontario has gone through a great number of changes over that period of time and has now become a standardly used option for lawyers in connection with residential and commercial purchases and, more frequently, residential and commercial loans. Title insurance is offered by six licensed title insurers in Ontario: Chicago Title Insurance Company, First Canadian Title Insurance, Lawyers Professional Indemnity Company, Lawyers Title Insurance Corporation, Stewart Title Guaranty Company and Travelers Guarantee Company of Canada, who each offer a variety of policies using a number of different approaches.

These sections of the Guide are an attempt to outline the nature and scope of title insurance policies, compare the coverages offered and talk about the manner in which it can be made available to a lawyer’s clients. All of this designed to assist lawyers in Ontario to meet their obligations under Rule 2.02 of the Rules of Professional Conduct which require lawyers to be knowledgeable about title insurance and discuss with clients the various options.

The Guide has been updated to include a series of new commercial policies offered by title insurers and makes suggestions as to the ways in which lawyers can serve their clients and meet their professional obligations by discussing those policies and their terms. The material also reviews extensively the various endorsements that can be obtained from title insurers to enhance coverage or to make it fit the specific needs of a client. The sections also deal with amendments to the coverages offered under residential policies. The material encompasses more than 250 pages and reviews each those areas in some detail.

You can access the material through a written copy, CD or on-line through www.cch.ca. Bruce is one of the members of the advisory board to the CCH Ontario Real Estate Law Guide.

Bruce McKenna