About Shawn Erker
Shawn Erker, B.A., J.D., is the Legal Writer and Content Manager in the Claims Prevention & Stakeholder Relations department at LAWPRO. Prior to joining LAWPRO in 2018, Shawn practised as a civil litigator in British Columbia in a full-service national firm after clerking at the British Columbia Court of Appeal. He graduated from UBC Law as the 2014 Law Society Gold Medallist, where he also served as an Editor-in-Chief of the UBC Law Review.
Shawn Erker's Posts
Availability of insurance coverage for lawyers acting as executor or trustee
Estate lawyers will sometimes be called upon by a client to act as executor or trustee as part of their Professional Services. Depending on the complexity of the estate or trust, these appointments can last for years and involve a substantial time investment. As with other aspects of a legal practice, alleged errors in the… Read More »
Categories: Wills & Estates, LAWPRO Errors and Omissions CoverageLimitation periods: Not just for litigators
Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »
Categories: Limitations ClaimsResponsible delegation: Annual corporate filings and updates
Responsible and efficient delegation is an important skill for any lawyer. But there are limits as to when and how certain tasks can be delegated to non-lawyers. Recently, LAWPRO has seen situations where corporate filings are handled by administrative staff such as clerks, without specific authorization or review from a supervising lawyer. This sometimes includes… Read More »
Categories: Corporate LawNew amendments to the Ontario Rules of Civil Procedure: What to know
On January 1, 2019, several new amendments to the Ontario Rules of Civil Procedure came into force. The following changes are particularly notable: 1) New deadlines for supplementary expert reports New deadlines are now in effect for the service of supplementary expert reports and responding supplementary expert reports (pursuant to Subrule 53.03 (3), as amended)…. Read More »
Categories: Civil LitigationDivisional Court allows appeal in Milne Estate (Re) decision
We are pleased to report that the Divisional Court has allowed the appeal and set aside the orders of the Application Judge in the Milne Estate (Re) decision. The Divisional Court did not in any way criticize the use of the allocation clause and in fact noted that “the use of allocation clauses is a… Read More »
Categories: Wills & EstatesHealthy lawyers make healthy practices: LAWPRO’s support for mental health and wellness resources
Mental health challenges in the legal profession are often ignored, stigmatized, and untreated. This not only leads to poorer quality of life for lawyers and their families, it is a contributing cause of many malpractice claims. This is why, for over a decade, LAWPRO and the Law Society of Ontario have co-funded wellness and mental… Read More »
Categories: Wellness and Balance, Risk Management & Claims PreventionPaying attention to the fraud behind the curtain: Don’t get fooled by spoofed email addresses
We have written previously about the dangers associated with email spoofing and phishing schemes, where fraudsters will send fabricated emails purporting to be from a trusted colleague or third party in an effort to trick a lawyer or staff member into clicking on a dangerous link or downloading a dangerous attachment. These fraudulent schemes continue… Read More »
Categories: Fraud PreventionCan you trust what’s in your trust account? A brief overview of Canada’s electronic payment systems
Every day, millions of Canadians electronically transfer funds among themselves, using their bank or other financial institutions as an intermediary. Conveniences like Interac debit purchases, online e-transfers, or wire transfers give the perception of near instantaneous transactions. However, even though our financial system operates on the assumption that these payment systems are instantaneous, often no… Read More »
Categories: Law Practice Management