| Toronto, Ontario Lawyers, Legislation |

 

   Laws, Legislation in Toronto, Ontario

Land Titles Act , section: 57

Property Law, Remedy of person wrongfully deprived of land

A person wrongfully deprived of land or of some estate or interest therein, by reason of the land being brought under this Act or by reason of some other person being registered as owner through fraud or by reason of any misdescription, omission or other error in a certificate of ownership or charge, or in an entry on the register, is entitled to recover what is just, by way of compensation or damages, from the person on whose application the erroneous registration was made or who acquired the title through the fraud or error. R.S.O. 1990, c. L.5, s. 57 (1).

A person is not entitled to compensation from The Land Titles Assurance Fund in respect of an interest in land existing at the time the land is brought under this Act unless that interest is registered against the title to the land under the Registry Act or notice of it is given to the land registrar before the first registration under this Act of a person as owner of the land. R.S.O. 1990, c. L.5, s. 57 (2).

Subsection (1) does not render liable any purchaser or mortgagee in good faith for valuable consideration by reason of the vendor or mortgagor having been registered as owner through fraud or error or having derived title from or through a person registered as owner through fraud or error, whether the fraud or error consists in a wrong description of the property or otherwise. R.S.O. 1990, c. L.5, s. 57 (3).

A person is entitled to compensation from the Assurance Fund if,

(a) the person is wrongfully deprived of land or of some estate or interest in land by reason of,

(i) the land being brought under this Act,

(ii) some other person being registered as owner through fraud, or

(iii) any misdescription, omission or other error in a certificate of ownership or charge or in an entry on the register;

(b) the person has demonstrated the requisite due diligence as specified by the Director if the person is wrongfully deprived of land or of some estate or interest in land by reason of some other person being registered as owner through fraud;

(c) the person is unable under subsection (1) or otherwise to recover just compensation for the personís loss; and (d) the person makes an application for compensation within the time period specified in subsection (5.1). 2006, c. 34, s. 15 (2).

Comments : 

This is not the official web site for the  Ontario legislature or the Parliament of Canada. 

20070709153319

The section data above may not be current. Please check statute at government site and consult with your own lawyer to ensure currency. Because this information comes from many sources who may be students and not lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to apply this information to your particular set of facts. Do not rely upon this information. Consult a lawyer face-to-face.

Canada Statutes   Ontario Statutes     Edit

If you are a lawyer or a law student and you find an error or omission on this  Property Law  page, please notify Stephen R. Biss, Barrister & Solicitor, with a proper correction, addition, usable commentary, or cross-reference that we can add to this page and if we use it, we will create a free link to your Canadian law firm web site from this page. Stephen Biss does not normally practice Property Law, but there are many  Toronto lawyers and other GTA Property Law lawyers who do. We maintain this database to stay current in areas of law where we do not normally practice.

 

Toronto lawyers

Toronto lawyers, Toronto family law lawyers, other family law legislation

Toronto lawyers, Toronto wills law lawyers, other wills and estates law legislation

Toronto lawyers, Toronto business law lawyers, other business law legislation

Toronto lawyers, Toronto corporations law lawyers, other corporations law legislation

Toronto lawyers, Toronto civil litigation law lawyers, other litigation law legislation and rules

 

 

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. Allbiss Lawdata Ltd. is not a law firm. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. Any lawyers listed at this site do not practice in association. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

 

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.