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To avoid real estate claims: take instructions from the party with value at risk

If you’ve read even just the title of today’s risk management post, you’re on your way to avoiding a real estate claim. For seasoned real estate lawyers, the process of taking instructions, formulating or answering requisitions, and closing the deal can become, to a large extent, routine. An “ordinary” set of instructions with respect to… Read More »

Categories: Real Estate

The future of law: Why the real estate lawyer is the quarterback of the real estate deal

On June 22, 2016, surrounded by family and colleagues, Kathleen Waters was honoured with the 2016 Ontario Bar Association’s Award of Excellence in Real Estate. Her remarks included comments on the lawyer as quarterback and advice on moving successfully into the digital future. “I’m a passionate believer in the role of the lawyer as defender… Read More »

Categories: Real Estate, The TitlePLUS Program & Title Insurance

Six things LAWPRO hates to see in a real estate transaction

When I talk about the disturbing escalation we have seen in claims costs in the past few years, I am often asked why real estate claims are so prominent, and what can be done to get these claims under control. Besides the usual advice about careful review of transaction details, effective and regular lawyer-client communication,… Read More »

Categories: Real Estate

Managing risk: Who pays for crime?

One of the questions we often get asked at LAWPRO is why certain areas of claims don’t get the full $1 million per claim amount of coverage. For example, think of how the LawPRO policy treats counterfeit certified cheques causing an overdraft, cybercrime, and intentional misbehaviour within the real estate registration system – these coverages… Read More »

Categories: Fraud Prevention, Legal Technology, Technology

The facts on the overdraft protection in the LAWPRO policy

cyber police officer

The expanded protection against counterfeit bank instruments was announced by LAWPRO in October 2009. This column by Kathleen Waters, President & CEO of LAWPRO, was in response to calls and emails form lawyers seeking clarification of how this coverage works. 1. This is an enhanced protection The Law Society insurance program has generally provided protection… Read More »

Categories: Fraud Prevention, LAWPRO Errors and Omissions Coverage

Does title insurance bring benefits to the primary professional liability program?

We all know that notwithstanding the rise of title insurance in Ontario, claims arising from real estate practice are still a large (and in many years, the largest) exposure for the primary professional liability program that LAWPRO provides for the Law Society’s lawyer-licensees (the “E&O program”). We have explored why in other articles and settings…. Read More »

Categories: LAWPRO Errors and Omissions Coverage, Real Estate, The TitlePLUS Program & Title Insurance

Cottage country: Purchasing rural residential properties

cottage in woods

The very word “cottage” conjures up images of summer fun: boating, walks in the woods, sitting out on the dock with a cold drink or roasting marshmallows by the bonfire. These are the things on which you want your clients to focus when they come to you for assistance with the purchase of a cottage… Read More »

Categories: Real Estate

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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