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Civil Litigation

Amendments to Rule 48 bring major changes to administrative dismissals

biggest-claims-risks

Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »

Categories: Biggest Claims Risks, Civil Litigation

LAWPRO Tales of Horror: The Phantom Client Returns…Again and Again

communication-errors

Recent LAWPRO claims have driven home to us the importance of formal retainer arrangements and avoiding the spectre of the phantom client. Unfortunately, these issues are not new. In 1991,William S. O’Hara wrote an article for the Law Society of Upper Canada Errors and Omissions Bulletin entitled “Beware of the Phantom Client.” He wrote: Of… Read More »

Categories: Communication Errors, Civil Litigation

Beware the “too quiet” file (and Rule 48)

civil-litigation

If you are lucky enough to have a busy practice, you may welcome the brief respite you get when a legal matter goes temporarily dormant. There are three rules for taking advantage of these lulls, however: first, any such periods must in fact be brief and temporary; second, you must understand the reason for the… Read More »

Categories: Civil Litigation

LAWPRO Magazine: Avoiding the Unintentional Expansion of Retainers

civil-litigation

Here’s the scenario: A lawyer is retained to assist a client with a tort claim and an accident benefits claim. The client, meanwhile, has been informed that the long-term disability (LTD) benefits provided by her employer’s group plan are about to be terminated. In an effort to forestall the termination of benefits, she asks the… Read More »

Categories: Civil Litigation, Communication Errors, Family Law

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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