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Limitations Claims

Thousands of pre-2012 matters will be automatically dismissed January 1, 2017

biggest-claims-risks

This is an alert LAWPRO sent to litigation lawyers on February 3, 2016. The clock is ticking. Under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 that are not set down for trial will be automatically dismissed – without notice to you – on January 1, 2017…. Read More »

Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims

How lawyers can avoid the dangers of procrastination

limitations-claims

Whether it’s leaving a university essay until the last minute or deciding to sort your sock drawer instead of doing your taxes, procrastination is something everyone struggles with in life. However in your law practice, the results can be more damaging. In the past five years LAWPRO has received nearly 300 claims resulting from ‘procrastination’,… Read More »

Categories: Limitations Claims

Don’t Let Fear Take Over Your Practice

biggest-claims-risks

Recently I experienced a night of cold sweats, anxiety, and dread. It all began with a family ski trip to Radium, Alberta. We were looking forward to enjoying the hot springs, the bighorn sheep, and the majesty of the Canadian Rockies. While there we planned to spend some time at the local ski resort. When… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Practice Aids, Civil Litigation, Limitations Claims, Wellness and Balance, Law Practice Management

Warning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies

limitations-claims

The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article by Debra Rolph, Director of Research… Read More »

Categories: Limitations Claims

A clarification on the ultimate limitation period and the York Condominium Corp. and Jay-M Holding case

civil-litigation

The How Long Should You Keep Your Close Files? article in the December 2010 issue of LAWPRO Magazine was well received by Ontario lawyers. From the emails, phone calls and personal comments we received, it is clear the information we provided was helpful to many lawyers in terms of the decisions they needed to make… Read More »

Categories: Civil Litigation, Limitations Claims

Ironing the wrinkles out of the Limitations Act, 2002

civil-litigation

The latest issue of LAWPRO Webzine has a great article on how to avoid limitations claims by LAWPRO’s director of research, Debra Rolph. The Limitations Act, 2002 was proclaimed in force just over six years ago. We had hoped the simplified limitations period regime the new Act created would result in fewer limitation-related claims. While… Read More »

Categories: Civil Litigation, Limitations Claims
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