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Real Estate

How do I make a claim under my title insurance policy in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

If you discover a title-related problem after you have purchased your home, your first call should be to your real estate lawyer. They can review your policy, assess whether the issue falls within the coverage, and help you prepare a claim submission. Title insurance policies have specific claim notification requirements, and failing to notify the insurer promptly can sometimes affect your coverage, so do not delay.

The claim process typically begins by contacting your title insurer directly or through your lawyer. You will need to describe the problem, provide supporting documents (your title insurance policy, any notices or legal documents related to the claim, and the relevant property records), and cooperate with the insurer's investigation. The insurer may appoint a lawyer to defend your title on your behalf — under many policies, the insurer takes on the legal defence of covered claims at their cost.

If the claim is accepted, the insurer may: defend you in litigation related to the title issue; pay for corrective work (like having a discharge registered to clear an old lien); or compensate you for a covered financial loss up to the policy's insured amount. If the claim is denied, you have the right to seek an explanation and, if you believe the denial is incorrect, to escalate the matter.

Key takeaways

  • Notify your title insurer promptly — delays can affect your claim.
  • Your real estate lawyer can help you assess coverage and prepare the claim.
  • The insurer may defend your title in court at their cost for covered claims.
  • If a claim is denied, you can ask for reasons and seek independent legal advice.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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