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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
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