Civil Litigation
Practice Pitfalls – Beware the desperate client in a personal injury matter
In a previous issue of LAWPRO Magazine, we asked our claims counsel about what they feel are the biggest malpractice hazards in each area of law based on the claims files they work on every day. Here is an excerpt from that article dealing with clients who urge a quick settlement. Click here to read… Read More »
Categories: Civil LitigationTop reasons files stall
Whether you run a lean and mean or volume-oriented personal injury practice, certain files are more prone to languish than others. What’s the real cost of running a file for too long? Work-in-progress accumulates with little to show for it, expert reports grow stale and need to be updated (which significantly increases disbursements), witnesses’ memories… Read More »
Categories: Civil Litigation, Limitations ClaimsSelf-Represented Litigants: A Survival Guide by Carol Cochrane
Why do we all shudder on learning that our client’s adversary is self-represented on a litigation file? So often we fail to appreciate opposing counsel – until we hear those dreaded words from our client: “You know, the other side won’t be getting a lawyer.” It is only then that we realize and appreciate the… Read More »
Categories: Risk Management Strategies, Family Law, Civil LitigationFriday, December 2, 2016 is the deadline to file a consent timetable and draft order to prevent a dismissal under Rule 48.14 of pre-2012 matters
LAWPRO reminds Ontario lawyers that Friday, December 2, 2016 is the deadline to file a consent timetable and draft order to prevent a dismissal under Rule 48.14 of pre-2012 matters. See below for more details. Answers to common Rule 48.14 questions In a case decided last week, Daniels v. Grizzell, 2016 ONSC 7351, Associate Chief Justice… Read More »
Categories: Civil Litigation, Limitations ClaimsHow long should you keep your closed files?
“How long do I have to keep my closed files?” is one of the most frequent questions lawyers ask practicePRO. Certainly you don’t have to keep all files permanently – this just doesn’t make practical or economic sense. Nor is the solution as simple as a one-size-fits-all rule for when to destroy closed files (e.g.,… Read More »
Categories: Civil Litigation, Limitations ClaimsHorseshoes and Hand Grenades: Settlement Offers in Bodily Injury Litigation
The Ontario Court of Appeal’s decision, Elbakhiet v. Palmer, 2014 ONCA 544, gives practical direction on how specific a settlement offer must be to meet the technical requirements of R49 of the Rules of Civil Procedure as well as the burden of proof imposed by R49.10(3). In January 2015 the Supreme Court of Canada dismissed… Read More »
Categories: Civil LitigationMalpractice danger areas in personal injury law
Having practised personal injury law before I joined LAWPRO, I faced constant challenges that threatened to derail my practice if improperly dealt with. Follow me as we take this journey into the life of a hypothetical file and uncover the most common sources of malpractice claims. The Case of Mr. Smith Mr. Smith suffers serious… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsAdverse cost protection: what are the risks and benefits?
Adverse cost protection is a relatively new insurance or quasi-insurance product which can help lessen the financial blow of a lost case for both the client and lawyer. It may also be called adverse cost insurance, legal expense insurance, or after the event (ATE) insurance. While there is no standard contract or policy, the adverse… Read More »
Categories: Civil Litigation