| Thank you to everyone who sent in topic suggestions and questions for our weekly email. Not surprisingly, many of the questions relate to the recent decision in Cowichan Tribes v. Canada (AG), 2025 and what it may mean for homeowners and purchasers of the land.
Stewart Title, one of British Columbia’s leading title insurance providers, has shared guidance on this issue. Previously, Stewart Title policies excluded coverage for all First Nation or Indigenous land claims. Their recent updates now allow for limited potential coverage under certain Residential Owner Policies. For the land directly affected by the Cowichan decision, Stewart Title will not provide coverage to owners, but coverage may still be available to lenders. For Residential Owner Policies ordered after January 19, 2026, coverage for First Nations or Indigenous claims applies only if there is a covered risk and the owner suffers an actual loss following a final court decision (with no further appeals available) that results in loss of title, expropriation of the land, or eviction without compensation. However, if government compensation is provided, no claim is payable under the policy. In short, owners now have some protection but only if they actually lose their home or the right to live there, mere claims to title will not suffice for insurance purposes. For more information on this topic, please visit our Knowledge Center article here https://bcrealestatelawyers.com/knowledge-centre/legal-issues-faqs/title-insurance-and-first-nations-claims-to-title/ |