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Limitation period clarified for family law constructive trust claims
The concept of constructive trust has long been used, in family law, to support the awarding of an interest in property to a common-law spouse who is not on title. While the concept of the matrimonial home exists to ensure that married spouses share in the family home on marriage breakdown, the matrimonial home rules… Read More »
Categories: Family Law, Real EstateCommunicating with staff about email privacy
In the course of an investigation of an alleged cheating incident, Harvard University administrators apparently accessed (without notice) and reviewed the contents of the email inboxes of several resident deans, triggering criticism by the deans and by the public at large. If you are a law firm manager, are you legally entitled to snoop through… Read More »
Categories: PrivacyPrincipato and proportionality: Balancing value, benefit, and risk
Two weeks ago, the Ontario Superior Court of Justice sent a message to family lawyers (other litigators should take notice, too!) via a costs ruling in Principato v. Principato, a somewhat tortured family law proceeding. The Principatos, it turns out, are like the vast majority of us: They lack the personal wealth sufficient to pay… Read More »
Categories: Family LawListening to your law clerks and legal assistants can help you avoid claims
I’ve been gossiping with your staff lately. Here at LAWPRO, we have a push on to subscribe law clerks and legal assistants to our magazine and electronic newsletters. We’re doing this because we realize that legal assistants are the “front line” responsible for many of the tasks essential to claims avoidance. In many of your… Read More »
Categories: Law Practice ManagementBe the messenger (and don’t get shot)
As our readers know, the #1 cause of claims against Ontario lawyers practising in most areas of law is problems with lawyer-client communication. Considering lawyers’ reputation for verbosity, this statistic seems counterintuitive, at least until you consider that some things are easier and more fun to talk about than others. Fun to communicate with clients… Read More »
Categories: Communication ErrorsAdministrative dismissals: Don’t be caught standing when the music stops
This article by Nora Rock (corporate writer and policy analyst at LAWPRO) originally appeared in the August 31 issue of The Lawyers Weekly published by LexisNexis Canada Inc. Like fossil fuels and the saber toothed-tiger, judicial patience is a non-renewable resource. We at LAWPRO are especially mindful of the limits of judicial forbearance in the… Read More »
Categories: Civil Litigation