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.

Eligibility

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
ServiceOntario
4th Flr
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.

Response times

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.

The setting

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.

Updated: July 22, 2021
Published: January 29, 2014