Civil Litigation
Too Quick on the Buzzer: Default Judgment and the Potential Consequences of Engaging in Sharp Practice
Would-be lawyers learn the importance of professionalism and civility as outlined in the Law Society’s Rules of Professional Conduct and The Advocates’ Society Principles of Civility. However, in practice, a grey area can sometimes develop between fiercely advocating for a client and engaging in sharp practice. At LAWPRO, we’ve seen many claims relating to lawyers… Read More »
Categories: Civil Litigation, LAWPRO Errors and Omissions CoverageCourt of Appeal for Ontario to Begin Hearing Appeals in Person
Beginning November 8, 2021, the Court of Appeal for Ontario will begin hearing appeals in person. The Court will begin hearing criminal appeals and panel motions in person on November 8 and will begin hearing civil appeals and panel motions in person on November 15. Inmate appeals, single-judge motions, purge court, and status court will… Read More »
Categories: Announcements, Civil Litigation, Criminal LawNational Day for Truth and Reconciliation – September 30th
September 30th marks the National Day for Truth and Reconciliation. The day was created by an Act of Parliament to respond to the Truth and Reconciliation Commission of Canada’s call to action number 80 which called upon “the Federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for… Read More »
Categories: Civil Litigation, Limitations ClaimsSuperior Court of Justice amends its’ Consolidated Notice to the Profession and Public Regarding the Small Claims Court
Today the Superior Court of Justice amended its Consolidated Notice to the Profession and Public Regarding the Small Claims Court to: Provide for scheduling terms of payment hearings and new trials. Add a reminder to file all documents that a claim is based on. Explain that the Court is not dismissing actions for delay until… Read More »
Categories: Civil Litigation10 Tips to Adapt to the New Contingency Fee Regime
On July 1, 2021 Ontario’s contingency fees will be subject to significant changes, with amendments to both the Solicitors Act and the Law Society Rules of Professional Conduct coming into force. The changes will affect how contingency fees are calculated and will impact how contingency fee matters are managed from marketing and new client intake… Read More »
Categories: Civil LitigationNew 60 Day Notice Requirement in Occupiers’ Liability Act (Injury from Snow or Ice) Overview
Bill 118, An Act to amend the Occupiers’ Liability Act, received royal assent on December 8, 2020 and came into force on January 29, 2021. The amendment introduces a new 60-day notice requirement for claims for personal injury caused by snow or ice which, if not met, will bar actions unless an exception applies. The… Read More »
Categories: Civil Litigation, Limitations ClaimsWhat’s in a Name? Everything – Follow Court Naming Protocols To Make Sure You Can E-File Documents
As Ontario Courts increasingly move towards accepting electronic filing, litigants will need to follow the prescribed document naming protocols. While you or your firm may have internal naming protocols, to file, you will need to submit using the Court’s requirements. Note that the Court may reject your filing if you do not comply with the… Read More »
Categories: Civil LitigationTips to Prepare for the New Rule Changes
On January 1, 2021, significant changes to the Rules of Civil Procedure come into force. While you should review the amendments carefully, this article (download as a PDF) include some key practical tips and an overview of the major changes. Key Practice Tips You can now serve documents by email. Confirm that your email address… Read More »
Categories: Civil Litigation, Technology