Areas of Law
Remote communication and fraud risks in real estate
In the context of COVID-19, lawyers are often unable to meet in person with their clients. The Law Society of Ontario has temporarily authorized remote verification of client identity and permitted remote commissioning of documents. This information can be found in this FAQ. Remote meetings and remote signing introduce additional fraud risks. Lawyers need to… Read More »
Categories: Fraud Prevention, Real EstateOntario’s Suspension of Limitations Periods
[Updated April 23, 2020] On March 20, 2020, the provincial government, through the Lieutenant Governor in Council, made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. The Order applies to limitation periods and procedural deadlines… Read More »
Categories: Civil LitigationAvailability of insurance coverage for lawyers acting as executor or trustee
Estate lawyers will sometimes be called upon by a client to act as executor or trustee as part of their Professional Services. Depending on the complexity of the estate or trust, these appointments can last for years and involve a substantial time investment. As with other aspects of a legal practice, alleged errors in the… Read More »
Categories: LAWPRO Errors and Omissions Coverage, Wills & EstatesDownload our updated Limitations Period Resources
Missing a limitation period is a lawyer’s nightmare. Although most claims are subject to the 2 year limitation period set out in the Limitations Act, 2002, there are over 40 statutes that impose limitation periods in Ontario. LAWPRO has developed several resources to help lawyers navigate Ontario’s limitations periods and notice periods. The Limitations and… Read More »
Categories: Civil Litigation, Limitations ClaimsFraud for Shelter Update
With housing prices on the rise, more rigorous mortgage rules, and the resulting difficulty for some Ontarians to purchase property, real estate lawyers should be mindful of fraud for shelter. Fraud for shelter differs from traditional real estate frauds. Usually in a real estate fraud, the goal is to fraudulently sell the property or to… Read More »
Categories: Fraud Prevention, Real EstateWills: Why you should send clients detailed reporting letters
While the will itself is the product of the collaboration between lawyer and client, the reporting letter serves a separate purpose: it’s the record of the context. To the extent that the reporting letter documents the process of crafting the will, it can bolster validity, shield the lawyer from malpractice allegation and demonstrate the value… Read More »
Categories: Areas of Law, Communication Errors, Risk Management & Claims Prevention, Wills & EstatesConstruction Liens: Which Act applies?
To accompany the blog post originally posted on September 16, entitled Upcoming Changes to the Construction Act , we are pleased to share a detailed flowchart to help you determine which Act applies to your construction law matter. Generally, the old Act will apply where a contract for the improvement was entered into before July… Read More »
Categories: ConstructionTips 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 Litigation