Compensation for loss from the Land Titles Assurance Fund
How to apply for compensation for financial losses you incur due to real estate fraud and/or omissions and errors within Ontario’s land registration system.
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The Land Titles Assurance Fund
Under the Land Titles Act, the Land Titles Assurance Fund is a fund established to compensate people for certain financial losses they incur due to real estate fraud or omissions and errors of the land registration system.
To be considered for compensation, you must:
- ensure the time frame for filing a claim has not expired; applications must be made within 6 years of suffering the loss
- make a claim that is eligible for coverage
Types of eligible claims generally involve:
- fraud, in certain circumstances
- errors or omissions by the land registration system
- errors in recording land that is bought under the Land Titles Act
- errors in recording a registered document in the automated land registration system
What losses are covered
The fund may offer compensation for:
- financial losses resulting from a real estate fraud or error
- reasonable legal costs related to the claim
- other reasonable costs related to the claim
How to make a claim
To make a claim:
Step 1: download the required forms
Step 2: submit the required forms and documents
Complete the template forms including attaching all supporting documents to your application and return the application by email to the Director of Titles.
Or send your application by mail to:
Director of Titles
Regulatory Services Branch
20 Dundas St W
Toronto ON M5G 2C2
You will receive a letter that the office has received your application.
Step 3: review of your application
A Hearings Officer will review your application and may contact you to request additional information.
Step 4: decision on your compensation
A Hearings Officer will determine if your claim meets the requirements for compensation under the Land Titles Act and the amount of compensation, if any, payable.
Step 5: possible hearing
If your claim cannot be paid in full, the Hearings Officer may hold a hearing to discuss the matter.
We will respond immediately to homeowners who have suffered a loss in a clear case of fraud.
For most straightforward cases of fraud where all parties of co-operating, title can be returned and a decision regarding compensation made within 90 days.
What to expect at a hearing
In some cases, a hearing may be needed to resolve a claim.
Land title assurance fund hearings are not as formal as trials. You have the choice to represent yourself or have a lawyer represent you.
A hearings officer may speak to you or your lawyer before the hearing to answer questions about what will happen.
The hearings officer will decide if the hearing will be written, oral, electronic or any combination of these.
Written, oral or electronic hearings
When a hearing is in writing, you will provide evidence through affidavits and exhibits.
When the hearing is oral or electronic, you will present your evidence through testimony and exhibits.
Oral hearings are usually open to the public.
What you need to do
Let the hearings officer know, ahead of time, if you plan to call on any witnesses. The hearings officer can issue a summons to ensure that your witnesses come to the hearing and testify.
At the hearing, you will be required to prove your claim, including the amount of your loss.
You or your lawyer will present your case to the hearings officer who will determine the liability of the fund and will decide the amount of compensation that may be payable from the fund.