Areas of Law
How to lessen your risk of a malpractice claim when virtually witnessing wills and powers of attorney
[Updated April 24, 2020] As part of its response to the COVID-19 pandemic, on April 7, 2020 the Government of Ontario released an emergency Order temporarily allowing the virtual execution of wills and powers of attorney by means of “audio-visual communication technology” as of that date. On April 22, 2020, a new emergency order was… Read More »
Categories: Wills & EstatesCivil Matters the Superior Court of Justice Will Hear Effective April 6, 2020
On April 2, 2020, Chief Justice Morawetz issued an updated Notice regarding the operations of the Superior Court of Justice. On March 17th, due to COVID-19 the Court had suspended its operations except for the hearing of “urgent” matters. Starting on April 6th, matters in addition to “urgent” matters will begin to be heard in… Read More »
Categories: Civil LitigationManaging Litigation Matters During COVID-19
In this unprecedented time of change, you and your clients may be experiencing significant disruptions to normal business. As individuals and businesses adopt physical distancing and certain courts and tribunals have suspended all or certain operations, it is important to discuss the fluid situation with clients and develop strategies to adapt where possible. At the… Read More »
Categories: Civil LitigationRemote 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 Estate