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Notice to Lawyers Concerning Syndicated Mortgages

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On Oct. 24, 2017, the Law Society of Upper Canada issued a notice to lawyers concerning syndicated mortgages and syndicated mortgage investments. A syndicated mortgage is a mortgage where two or more persons participate as investors. Syndicated mortgages can be as simple as two people lending to a third person, the loan secured against a… Read More »

Categories: Real Estate

Commercial title insurance: What you need to know

real-estate

Commercial title insurance is a different product than a residential policy. For the most part, residential policies can be characterized as being “one size fits all” or “off the rack.” Yes, there are times when a residential policy may require an amendment or an exclusion to accommodate a particular situation, but often times, assuming the… Read More »

Categories: Real Estate

Avoiding communication-based claims: some tips for litigators

communication-errors

Claims against litigation lawyers often involve allegations of communication errors. In this article, we consider steps that lawyers can take to avoid such claims right out of the gate – at the outset of their retainers. When we attribute a claim to a communication problem, what exactly do we mean? Here are some examples: a)… Read More »

Categories: Communication Errors, Civil Litigation

Contingency planning for lawyers: Do you have a plan in place for your practice?

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LAWPRO encourages lawyers to consider the impact that their unexpected death or incapacity would have on their practices, and to implement a plan to ensure that their clients continue to be served. The following article provides a good overview of issues lawyers should consider when making contingency plans. It originally appear in Hull & Hull… Read More »

Categories: Wills & Estates, Practice Aids, Law Practice Management

The CBA’s Mortgage Instruction Toolkit

real-estate

The Mortgage Instructions Toolkit is a practical resource for residential real estate lawyers in Canada. Over the last few years, lender instructions have increased in scope and lawyers may find themselves being pressured to give opinions and assume responsibility for matters outside their areas of expertise. The result is a significant increase in potential liability…. Read More »

Categories: Real Estate, Practice Aids

Litigation claims on the rise

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In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »

Categories: Biggest Claims Risks, Communication Errors, Civil Litigation, Limitations Claims

A Few Good Practice Habits: Examination for Discovery

civil-litigation

An examination for discovery often marks the point in which you really sink your teeth into a case. The parties and opposing counsel come to a face-to-face meeting, and key evidence comes out, warts and all. Much of the exploration in an examination for discovery will uniquely depend on the specific witness and the answers… Read More »

Categories: Civil Litigation

A Simple Habit To Avoid Missing Deadlines

gears

Here at Claims Prevention & practicePRO we often talk about “baby steps”. The big idea is that taking baby steps can help make you a more effective lawyer. There isn’t necessarily One Big Thing that will magically turn you into a great lawyer.  The  elements of a habit are explored in Charles Duhigg’s The Power… Read More »

Categories: Biggest Claims Risks, Legal Technology, Practice Aids, Civil Litigation, Law Practice Management, Risk Management & Claims Prevention
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