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Limitations Claims

Top reasons files stall

civil-litigation

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 Claims

5 year rolling administrative dismissal date for Rule 48 after January 1, 2017

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LawPRO reminds lawyers that on a rolling basis beginning January 1, 2017, matters commenced on or after January 1, 2012 will be automatically dismissed five years after they were commenced. Remember, the courts will dismiss actions without sending notices of any type to parties or their lawyers. Update internal firm systems to tickle all relevant… Read More »

Categories: Biggest Claims Risks, Limitations Claims

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

civil-litigation

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 Claims

Malpractice danger areas in personal injury law

biggest-claims-risks

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 Claims

LAWPRO Alert! Avoid Rule 48 administrative dismissals: Only 30 days left to set down or resolve pre-2012 matters

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LAWPRO encourages all lawyers to take immediate action to ensure their pre-2012 files will either resolve or be set down for trial by December 1, 2016. Remember, under the new Rule 48, matters commenced before January 1, 2012 that are not set down for trial will be automatically dismissed – without notice to counsel –… Read More »

Categories: Announcements, Biggest Claims Risks, LAWPRO Errors and Omissions Coverage, Civil Litigation, Limitations Claims

Rule 48 dismissal FAQs

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In the last year we have received inquiries regarding the new Rule 48. Here are the questions we most frequently hear: 1. The main action is administratively dismissed under Rule 48. What happens to related counterclaims, cross claims and third party claims? Counterclaims, crossclaims, and third party claims are dealt with under Rule 48.14(9), which… Read More »

Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims
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