Civil Litigation
Common 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: Biggest Claims Risks, Civil Litigation, Limitations ClaimsNew 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: Civil Litigation, Communication ErrorsLitigation 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 LitigationA Simple Habit To Avoid Missing Deadlines
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: Legal Technology, Practice Aids, Civil Litigation, Law Practice Management, Risk Management & Claims Prevention, Biggest Claims RisksHow LAWPRO stood up for lawyers in 2016
The great majority of claims reported to LawPRO are either abandoned, settled, or resolved through mediation or arbitration. But if we hope to preserve reasonable and fair limits on the scope of lawyers’ responsibilities, we must occasionally go to court. Our litigation track record is proof of our sound judgment about when to go to… Read More »
Categories: LAWPRO Errors and Omissions Coverage, Civil Litigation, Limitations Claims