Civil Litigation
Tips for navigating the new Simplified Procedure
Significant changes to the Superior Court Simplified Procedure came into effect on January 1, 2020. Budget Bill 2019 amended section 108 of the Courts of Justice Act to eliminate trials by jury under the Simplified Procedure. Regulatory changes filed October 23, 2019 unveiled significant further changes to the Simplified Procedure as prescribed by Rule 76… Read More »
Categories: Civil LitigationUpdate: Upcoming Changes to the Construction Act
In the year since its enactment, Ontario’s new Construction Act has already made a noted impact on the practice of construction law in the province. The amendments to the previous Construction Lien Act (“CLA”) were to be implemented in two phases: Phase 1, the modernization provisions, effective July 1, 2018; and Phase 2, prompt payment… Read More »
Categories: Real Estate, Civil LitigationCommon Limitation Period Pitfalls and How to Avoid Them
It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others… Read More »
Categories: Civil Litigation, Limitations Claims, Biggest Claims RisksNew 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 LitigationReview 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 ClaimsAvoiding communication-based claims: some tips for litigators
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 LitigationLitigation claims on the rise
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 ClaimsA Few Good Practice Habits: Examination for Discovery
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