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Immigration consequences of criminal convictions: An update


Last November, we published a post about the intersection of criminal and immigration law, and specifically about the Faster Removal of Foreign Criminals Act – legislation that made it easier to deport non-citizens sentenced to at least six months for a criminal offence. The strict application of the IRPA makes lawyers more vulnerable to claims… Read More »

Categories: Criminal Law

Surprise! You have a franchise


Are you sure the company for which you’re handling an Ontario commercial transaction is not a franchise? Really sure? Because if you’re wrong, and your client meets the statutory definition of a franchise, the company is bound by the strict disclosure requirements of Ontario’s Arthur Wishart Act. Non-compliance with these can mean that parties entering… Read More »

Categories: Franchise Law

Criminal lawyers: Clear communication your best defence against allegations of ineffective assistance


A substantial proportion of professional liability claims against criminal defence counsel are based on allegations of “ineffective assistance”. The jurisprudence makes it clear that poor lawyer-client communication is at the root of many of these claims. Allegations of ineffective assistance are usually first tested in the context of the appeal of a conviction. Few of… Read More »

Categories: Criminal Law

Can a criminal conviction make your client inadmissible for residency/citizenship?


Where a client charged with a serious crime is a non-citizen of Canada and is hoping to obtain resident status, criminal lawyers should be aware that recent changes to the Immigration and Refugee Protection Act (IRPA) raise special plea and sentencing considerations. The Faster Removal of Foreign Criminals Act On June 19, 2013, amendments to… Read More »

Categories: Criminal Law

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


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

LAWPRO Tales of Horror: The Phantom Client Returns…Again and Again


Recent LAWPRO claims have driven home to us the importance of formal retainer arrangements and avoiding the spectre of the phantom client. Unfortunately, these issues are not new. In 1991,William S. O’Hara wrote an article for the Law Society of Upper Canada Errors and Omissions Bulletin entitled “Beware of the Phantom Client.” He wrote: Of… Read More »

Categories: Communication Errors, Civil Litigation

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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