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GR victorious again on Title Insurance issue

Thursday, February 16, 2017

The legal team of Gavin Tighe, Alexander Melfi, and Stephen Thiele, were successful in yet another significant decision on the interpretation of title insurance policies in Canada released on February 8, 2017. Title insurance, while a relatively new insurance product to the Canadian market, has quickly become one of the most widely distributed insurance policies in the country. The interpretation of these policies pioneered in a series of cases successfully litigated by GR lawyers has had wide ranging impact on Real Estate lawyers, Agents, Brokers and Lenders and even more direct impact on property owners across the country.

The application brought forward challenged Stewart Title’s interpretation of a standard clause in its title insurance for private lenders, and seeks a declaration that the title insurance policy provides coverage for the losses incurred as a result of a fraudulent mortgage. GR successfully defeated the application of the exclusion of coverage for the innocent lender thereby requiring the title insurance company to provide coverage for the loss. 

For more information, click here.

This latest victory follows GR’s ground-breaking and precedent setting decisions in title insurance litigation having successfully litigated the majority of significant title insurance cases in Canada including:

  1. Small v. Chicago Title Insurance Co.
  2. MacDonald v. Chicago Title Insurance Company of Canada 
  3. Hoang v. Nguyen (Third Party: Stewart Title)
  4. Charlebois v. Stewart Title Guaranty
  5. Nakhuda v. Stewart Title Guaranty Co.
  6. Stewart Title Guarantee Company v. Zeppieri
  7. Freedman v. Toronto (City)
  8. Nadvornianski v. Stewart Title Guaranty Company

This latest decision solidifies GR’s position as the leader in title insurance litigation in Canada.

To view Stephen A. Thiele's profile, please click here.
To view Alexander Melfi's profile, please click here.
To view Gavin J. Tighe's profile, please click here.

Tags: Stephen A. Thiele, Alexander Melfi, Gavin J. Tighe