This Report is concerned with the maintenance of public confidence in the real property system, and whether and how title insurance might affect that public confidence. The Commissions identified two separate aspects of maintaining that confidence:
(1) consumer protection; and
(2) protection of public infrastructure.
The Commissions make a number of recommendations that they believe will both protect the interests of individual purchasers and protect the existing public system of land registration, while guaranteeing as much freedom of choice as is compatible with those goals.
The Manitoba and Saskatchewan Law Reform Commissions consider title insurance and its effect on both individuals and the public interest in residential real property transactions. Some conveyance practices have been found to be inefficient and unsecure, and suggestions are made to improve security of title without causing delay or difficulty in transfer
The Statute of Frauds requires that many sorts of contracts be evidenced in writing and signed by those bound. The Commission suggests that these requirements are necessary only in the case of contracts for sale of land. It recommends that The Statute of Frauds be repealed and that provisions regarding the sale of land be included in The Land Contracts (Actions) Act.
This Report considers changes to the proposed Personal Property Security Act since publication of Tentative Proposals for a New Personal Property Security Act. These proposals follow a December 1990 Commission publication that recommended repealing the existing Personal Property Security Act and replacing it with a new Act. Changes were made to the proposed Act as a result of extensive discussion and developments since publication.
Though The Personal Property Security Act has functioned well for the seven years it has been in place, it is in need of sufficient amendment to warrant its repeal and replacement. Most importantly, this approach would allow harmonization of the personal property security law of Western Canada. The Commission proposes a draft of a new Act.
The application of the Limitation of Actions Act creates specific problems in real property transactions subject to the Land Titles Act. The Commission recommends repealing the sections of the Limitation of Actions Act that deal with agreements for sale. Amendments to the Land Titles Act would also help clarify matters.