New Legislation Changes Law for Commercial Properties

The Ontario government’s recent enactment of the Good Government Act, 2009 has implemented a number of housekeeping changes affecting numerous industries. As it affects real estate, the Act repeals the Certification of Titles Act, which had provided a mechanism for an owner of land, whether or not it was encumbered, to apply to the Director of Titles to have land title certified in the owner’s name. (This procedure was designed as a means for resolving title disputes and formalizing possessory title interests such as easements.) Applications for title certification are now made under the Land Titles Act, and access to the Land Titles Assurance Fund has been maintained to compensate individuals who suffer loss as a result of Certificate of Title errors.