Insurance Law Blog
Knowledge Centre

Title insurer has a duty to defend insured subject to claim for damages

June 14, 2022

Insurance law – Title insurance – Duty to defend – Practice – Appeals

1152729 BC Ltd. v. Chicago Title Insurance Co. Canada, [2022] O.J. No. 1969, 2022 ONCA 321, Ontario Court of Appeal, April 27, 2022, K.N. Feldman, S.E. Pepall and M.H. Tullock JJ.A.

The insurer provided the insured with title insurance.   The insured called on the insurer to defend an action brought by the previous owner against it.  The insured had acquired the property under a power of sale.  The plaintiff alleged the power of sale was exercised without notice to him and that the sale was under value.  The plaintiff asked the court to set aside the sale or in the alternative sought damages for unjust enrichment.

The insurer initially defended the claim under a reservation of rights.  In the course of the litigation the property was sold again by power of sale.  Once the insured was no longer on title to the property, the insurer advised the insured that it no longer had duty to defend or indemnify it.

The insured brought an application for a declaration that the insurer had an ongoing duty to defend.  The insured argued that although the defects in title were no longer in issue, the plaintiff also claimed damages against it.  The application judge concluded that the claim included a claim for damages against the insured.  The insurer appealed.

The Ontario Court of Appeal dismissed the appeal.  The court could find no error in the application judge’s analysis or conclusion that the claim included a claim for damages against the insured and therefore there was an ongoing duty to defend.

This case was digested by Cameron B. Elder, and first published in the LexisNexis® Harper Grey Insurance Law Netletter and the Harper Grey Insurance Law Newsletter. If you would like to discuss this case further, please contact Cameron B. Elder at [email protected].

To stay current with the new case law and emerging legal issues in this area, subscribe here.

Tags

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: June 14, 2022.

Related

BC Human Rights Tribunal Changes its Process for Applications to Dismiss
BC Human Rights Tribunal Changes its Process for Applications to Dismiss BC Human Rights Tribunal Changes its Process for Applications to Dismiss
Rose Keith, KC authors Mediation Moment column for Summer 2026 Issue of <em>The Verdict</em> 
Rose Keith, KC authors Mediation Moment column for Summer 2026 Issue of <em>The Verdict</em>  Rose Keith, KC authors Mediation Moment column for Summer 2026 Issue of The Verdict 
Harper Grey included in Business in Vancouver’s “Biggest Law Firms in Metro Vancouver” List
Harper Grey included in Business in Vancouver’s “Biggest Law Firms in Metro Vancouver” List
Norm Streu co-authors article published by Construction Business Magazine
Norm Streu co-authors article published by Construction Business Magazine Norm Streu co-authors article published by Construction Business Magazine
Rebecca Dales, Joshua Hoenisch, Jasmine Kang, and Brendan Semchuk attend JFS Innovators 2026
Rebecca Dales, Joshua Hoenisch, Jasmine Kang, and Brendan Semchuk attend JFS Innovators 2026
Rose Keith, KC authors Employment Update Column for Summer 2026 Issue of <em>The Verdict</em> 
Rose Keith, KC authors Employment Update Column for Summer 2026 Issue of <em>The Verdict</em>  Rose Keith, KC authors Employment Update Column for Summer 2026 Issue of The Verdict 
Enforcement Steps After Obtaining a Monetary Judgment
Enforcement Steps After Obtaining a Monetary Judgment Enforcement Steps After Obtaining a Monetary Judgment Enforcement Steps After Obtaining a Monetary Judgment
Aren Altman participates in a panel at Art Vancouver Contemporary Art Fair 2026
Aren Altman participates in a panel at Art Vancouver Contemporary Art Fair 2026 Aren Altman participates in a panel at Art Vancouver Contemporary Art Fair 2026
Daniel Reid interviewed on CBC’s Hanomansing Tonight
Daniel Reid interviewed on CBC’s Hanomansing Tonight Daniel Reid interviewed on CBC’s Hanomansing Tonight
Ryan Bencic presents Legal Foundations for Founders Masterclass for Althra
Ryan Bencic presents Legal Foundations for Founders Masterclass for Althra Ryan Bencic presents Legal Foundations for Founders Masterclass for Althra
Steven Abramson quoted in <em>Insurance Business Magazine </em>
Steven Abramson quoted in <em>Insurance Business Magazine </em> Steven Abramson quoted in Insurance Business Magazine
Ryan Bencic quoted in <em>Business in Vancouver</em> 
Ryan Bencic quoted in <em>Business in Vancouver</em>  Ryan Bencic quoted in Business in Vancouver 
Harper Grey supports Althra second cohort launch event
Harper Grey supports Althra second cohort launch event
Natasha Cooke reappointed to Insurance Law Section Executive of Canadian Bar Association
Natasha Cooke reappointed to Insurance Law Section Executive of Canadian Bar Association Natasha Cooke reappointed to Insurance Law Section Executive of Canadian Bar Association
April Wilkinson elected to Elder Law section of Canadian Bar Association
April Wilkinson elected to Elder Law section of Canadian Bar Association April Wilkinson elected to Elder Law section of Canadian Bar Association
arrow icon

Subscribe