Canadian Lawyer

July 2008

The most widely read magazine for Canadian lawyers

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REAL ESTATE source of specific claims. Land title registries, established under the Torrens system in Ontario and Brit- ish Columbia, were designed to provide a reliable record of property ownership, but their validity could be undermined if a native group is able to show the origi- nal grant of land to the province was not in accordance with a treaty. In one court case that threatened to do just that, the Chippewas of Sarnia claimed a large part of the city of Sarnia, but the Ontario Court of Appeal dismissed the claim in 2000 after considering the band's long delay in asserting its 150-year-old claim, combined with the fact homeowners had Chosen Trusted Proven "I have been purchasing residential title insurance policies from Chicago Title for clients for the past two years. I have been very happy with the ease of ordering policies online. I fi nd the process very user-friendly and comprehensive. I have also been very pleased with the speed and quality of service I have had from the staff at Chicago Title when personal assistance has been necessary. In addition, my sales representative has been attentive and helpful in every way." Nina Richmond, Toronto, Ontario relied on the validity of their land titles. The Chippewas, like many other ab- original groups pursuing land claims, insisted they did not wish to put exist- ing property owners out of their homes. Nevertheless, aboriginal law specialists say there is always a risk that people could lose their properties as a result of a land claim, and there's certainly a greater risk that they will be restricted as to how they can use or develop their properties. The loss of a property as a result of an aboriginal land claim is generally exclud- ed from all title insurance policies. Nev- ertheless, Graham Matthews, a partner in the Vancouver office of Lang Michen- er LLP, maintains that people should be entitled, in those circumstances, to com- pensation from their provincial land- title assurance fund. However, he adds, "I don't know what the government would say about that because it could be a huge exposure." Land claims are not registered on title, though it is possible to search on federal government web sites for information on current and outstanding claims. These sites are not kept current on a daily basis and are not guaranteed to be compre- hensive, notes Annie Thuan, an associ- ate in Lang Michener's Toronto office. In geographical areas where there is a risk 1-888-868-4853 www.chicagotitle.ca 20 JULY 2008 www. C ANADIAN Law ye rmag.com ChicagoTle_CL_July_08.indd 1 A SYMBOL OF PROTECTION Our corporate symbol is inspired by that age-old o For just as medieval castles survive to this Insurance Company Canada deliver the kind of protection that your clients' real estate investments will endure for many years to c this day, the come. the men andwomen f protectiont n that your clients ROTECTION that a ge- e-old aphorism, "A man and man hom n's home ome is his castle." hi d wome of Chicago Title men of Chica 6/10/08 8:41:03 AM

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