As many might be aware, the aftermath of the 2025 Cowichan Tribes v. Canada case has left many homeowners, and potential homeowners, wondering what it means to own, or purchase “Title” to property in British Columbia. Stewart Title, one of BC’s leading Title Insurance providers, has provided comments in relation to this matter.
While their position remains that, “Title insurers are clearly not in a position to step into the shoes of the Provincial/Territorial or Federal government when it comes to resolving First Nation and Indigenous people’s claims … ” Stewart Title has nonetheless reviewed its coverage in light of the decision. A summary of the coverages, as they stand, are outlined below; but it must be kept in mind that all claims are assessed on a factual basis in accordance with the exact language of the policy provided.
Previously, there was a “blanket” exemption for all policy holders seeking coverage against a First Nation or Indigenous claim to Title of their land. Recent updates affect Residential Owner Policies as follows:
For Residential Policies (not vacant land), the following risks are now potentially insurable in the event of a successful First Nations or Indigenous claim:
Stewart Title notes that the loss must be actual and experienced which means that mere claims to title will not suffice for insurance purposes. Coverage is only triggered when the First Nations or Indigenous claim is successful and non-appealable. Actual or experienced loss includes loss of title, loss of land, and/ or eviction from the land of the insured owner. These losses must also not already have been compensated for by the government in order to qualify for Title Insurance coverage.
| Category | Coverage | Notes |
| Residential Policy Holders (ordered after Jan 19, 2026) | Potential | Subject to covered risks noted above and actual and experienced loss of property rights |
| Existing Owner Policies (policies ordered before Jan 19, 2026) and Existing homeowners on Cowichan Lands | No | No coverage available in existing owner polices |
| Institutional Lenders | Yes | Covered risks in policy may apply to successful First Nations and Indigenous people’s claims. |
| Private Lenders (policies ordered on or after January 19, 2026) | Potential | 1st or 2nd Priority – covered risks in policy may apply to successful First Nations and Indigenous people’s claims.
3rd or 4th and + priority mortgages – no coverage |
| Private Lenders (before January 19, 2026) | No | No coverage available |
| Vendor take back mortgages | No | No coverage available |
| Commercial Policy Holders (Owner and Lender) | No | No coverage available |
| Owners of Vacant Land | No | No coverage available |
*This information is intended as a general overview – with claims reviewed on a case-by-case basis