About Debra Rolph
Debra Rolph is Director of Research, Claims at LawPRO.
Debra received her legal education at Osgoode Hall Law School at York University, and was called to the Bar in 1979. After working for the law firm Lee, Fireman, Regan for several years, Debra was hired as a Claims Examiner at the Law Society's Errors and Omission Department in 1983. She was appointed Co-ordinator of Legal Research in 1995, and Director of Legal Research in 2003.
Debra has written papers for the Advocates' Quarterly, the Ontario Bar Association, and the Canadian Bar Association. She frequently writes articles and case commentaries for the LAWPRO News. She was a contributing editor to The Law of Limitations – Third Edition – February, 2016
Debra Rolph's Posts
Download our updated Limitations Period Resources
Missing a limitation period is a lawyer’s nightmare. Although most claims are subject to the 2 year limitation period set out in the Limitations Act, 2002, there are over 40 statutes that impose limitation periods in Ontario. LAWPRO has developed several resources to help lawyers navigate Ontario’s limitations periods and notice periods. The Limitations and… Read More »
Categories: Limitations Claims, Civil LitigationReview Your Files – The Ultimate Limitation Period is Arriving Soon
As of January 3, 2019, actions arising from acts or omissions that occurred prior to January 1, 2004, are statute barred by virtue of s. 15 of the Limitations Act, 2002, even if these errors were not discoverable before January 1, 2019. There will be very few exceptions. We strongly suggest that you review your… Read More »
Categories: Civil Litigation, Limitations ClaimsHow lawyers can help their clients become better communicators – and vice versa
Some solicitors may think that the responsibility for maintaining appropriate solicitor/client communications lies solely with them. It is true that solicitors who fail to adequately communicate with their clients risk losing those clients – or even facing a malpractice claim. But it is also true that clients have reciprocal obligations to disclose relevant facts, to… Read More »
Categories: Communication ErrorsLAWPRO defends its insureds: Two notable 2015 judgments involving family lawyers
The court dismissed a multi-million dollar claim against a family lawyer arising from his negotiation of a marriage contract. The client alleged that the lawyer should have advised him to negotiate a “downside protection clause,” so that, if his income did not increase during the course of the marriage, he would not be obliged to… Read More »
Categories: Family LawThe Law of Limitations, 3rd Edition
We are excited to announce the recent publication, by Lexis-Nexis Canada Inc., of The Law of Limitations, Third Edition. The first two editions were written prior to the coming into force of the Limitations Act, 2002, so this new edition is the first to cover cases decided under the new Ontario regime. Although Ontario cases… Read More »
Categories: Announcements, Civil LitigationWarning: 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 ClaimsLAWPRO 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