The plaintiffs sought summary judgment against Stewart Title Guaranty Company for $223,555.74, alleging coverage under their title insurance policy due to structural defects in their home that violated the Ontario Building Code and rendered the property unmarketable.
The court found that while the property's title was unmarketable under Covered Title Risk (CTR) clause 19, coverage was excluded by exclusion clause 7, which pertained to structures not built in accordance with applicable building codes.
The court also found no coverage under CTR clause 20, as there was no evidence of a governmental authority forcing remedial work.
Consequently, the plaintiffs' motion for summary judgment against Stewart Title was dismissed.
