Areas of Law
What can you do when there is a delay in a mortgage discharge?
The Canadian Bankers Association has a list of bank officials to contact regarding the discharge of mortgages. Real estate lawyers discharge mortgages when acting for their vendor clients in a transaction. They typically give an undertaking to the purchaser’s lawyer to obtain and register the discharge and report to the lender within 60 days of… Read More »
Categories: Real EstateNew 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 & EstatesReview 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 ClaimsLand Registrar’s Bulletin re: NEW process for pre-approvals, PIN corrections & overrides
Bulletin 2018-04 states that effective December 10, 2018, pre-approvals, PIN corrections and overrides are no longer to be requested via [email protected], but rather in the OnLand portal at OnLand.ca. Users must go to the OnLand portal at https://www.onland.ca where they will find “request forms” under the “support” and then “contact us” drop down menu. They… Read More »
Categories: Real Estate, Areas of LawThe new Fraud Fact Sheet for Real Estate
Fraudsters are continuing to successfully dupe lawyers and law clerks using ID impersonations, property flips, value fraud, phishing scams, and more. Real estate frauds can be simple scenarios or sophisticated ones. The matters look legitimate and the fraudsters are convincing. There may even be two or more people collaborating on both sides of a transaction… Read More »
Categories: Real Estate, Fraud PreventionLAWPRO Alert: Statement on Re Milne Estate decision
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 PreventionMalpractice claims regarding wills double in a decade
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