Civil Litigation
Dropping the ball on a file transfer: Rule 48 dangers
When a file is transferred from one lawyer to another, one danger is when nothing happens on the file due to a clumsy transfer or missing critical information. A new file that has not been looked at can be a ticking time bomb. Deadlines like limitation periods can pass by unnoticed, and Rule 48 administrative… Read More »
Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Civil Litigation, Law Practice Management, Risk Management & Claims PreventionLimited scope representation: With the right safeguards, possibilities abound
A self-represented family law litigant anxiously prepares for a hearing, which can resolve months, if not years, of anxiety, and determine the litigant’s financial and family affairs in the near future. Retaining a lawyer from cradle to grave is out of budget for this litigant. What to do? Relief is around the corner – a… Read More »
Categories: Biggest Claims Risks, Risk Management Strategies, Family Law, Civil LitigationRule 48 dismissal FAQs
In the last year we have received inquiries regarding the new Rule 48. Here are the questions we most frequently hear: 1. The main action is administratively dismissed under Rule 48. What happens to related counterclaims, cross claims and third party claims? Counterclaims, crossclaims, and third party claims are dealt with under Rule 48.14(9), which… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsAlternative fee arrangements in litigation
In recent years more focus has turned to alternative fee arrangements as a way to offer clients more predictable costs and affordable legal services. Hughes Amys LLP, based out of Hamilton and Toronto, offers alternative fee arrangements which have proven successful for them. Here is a look at how they’ve done it. “We’ve been doing… Read More »
Categories: Civil LitigationPrepare your client for trial and avoid a malpractice claim
I recently spoke about preparing your client for trial and avoiding a malpractice claim at the Advocates’ Society “Practice Essentials: Managing Your Way to Trial Success” CPD chaired by Emily C. Cole and Norm J. Emblem. The CPD spurred us to create a Client Trial Preparation Checklist to help you cover the bases with your clients. I hope the thoughts below… Read More »
Categories: Communication Errors, Precedents, Risk Management Strategies, Civil Litigation, Risk Management & Claims PreventionOHIP subrogated claims
Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »
Categories: Risk Management Strategies, Civil Litigation, Communication ErrorsThousands of pre-2012 matters will be automatically dismissed January 1, 2017
This is an alert LAWPRO sent to litigation lawyers on February 3, 2016. The clock is ticking. Under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 that are not set down for trial will be automatically dismissed – without notice to you – on January 1, 2017…. Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsLAWPRO Magazine: The morning after mediation
Mediation is a powerful tool. When managed by a capable mediator, it can shine a bright light on a dispute, illuminating for all parties the strengths and the weaknesses of their respective positions. The dynamic nature of mediation can also create unintended hazards. This article is about “vendor’s remorse,” a concept familiar to the residential… Read More »
Categories: Civil Litigation