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LAWPRO Alert: Statement on Re Milne Estate decision

LAWPRO ALert

LAWPRO is aware of the Re Milne Estate  decision and we confirm that it has been appealed. We expect the appeal won’t be heard for several months. We hope the appeal decision brings clarity to how primary and secondary wills should be drafted. Lawyers that have drafted wills that may be impacted by this decision… Read More »

Categories: Announcements, Wills & Estates, Risk Management Strategies, LAWPRO Errors and Omissions Coverage, Risk Management & Claims Prevention

Malpractice claims regarding wills double in a decade

biggest-claims-risks

While wills and estates may never rival litigation or real estate as a risky practice area for lawyers, LAWPRO has seen the average annual number of wills claims double over the past 10 years. Growth in property values renders these errors more expensive and growing complexity in family structures, family law and tax law makes… Read More »

Categories: Biggest Claims Risks, Communication Errors, Wills & Estates, Areas of Law, Risk Management & Claims Prevention

Real estate lawyers: Planning to retire or leave practice? Three words: Legal. Service. Coverage.

You’re looking forward to retirement – next year, or maybe 20 years down the road. Or perhaps you’re leaving private practice to work as in-house counsel. Whatever your plans, you want to be assured that malpractice claims won’t come back to haunt you or your family. Real estate claims continue to be a major source… Read More »

Categories: Real Estate, The TitlePLUS Program & Title Insurance, Areas of Law

Wills: Why you should send clients detailed reporting letters

communication-errors

While the will itself is the product of the collaboration between lawyer and client, the reporting letter serves a separate purpose: it’s the record of the context. To the extent that the reporting letter documents the process of crafting the will, it can bolster validity, shield the lawyer from malpractice allegation and demonstrate the value… Read More »

Categories: Communication Errors, Wills & Estates, Areas of Law, Risk Management & Claims Prevention

Easements: more than meets the eye

train tracks

Non-use of an easement does not lead to abandonment or extinguishment The recent Court of Appeal decision in Remicorp Industries Inc. v. Metrolinx makes it clear that non-use or the lack of need for an easement is insufficient for that easement to be abandoned or extinguished at law. A solicitor should advise their client of… Read More »

Categories: Real Estate, Areas of Law

Everything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?

real-estate

For decades the existence of rent control has posed a risk to Ontario real estate lawyers acting on the purchase and mortgaging of residential rental property. The range of affected properties is immense: From a basement apartment to a rented single family house to the largest multi-residential complexes in the province, many real estate files… Read More »

Categories: Real Estate, Areas of Law

New Standard (Residential) Lease Template in Ontario as of April 30, 2018

woman reading contract

The Ontario government is requiring all landlords to use a standard lease template for all new leases beginning April 30, 2018. Lawyers are encouraged to make themselves familiar with the terms of this new lease so they can advise clients of their obligations and rights under the new lease. The information below is taken from… Read More »

Categories: Uncategorized, Precedents, Real Estate, Risk Management & Claims Prevention
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