Areas of Law
Real estate lawyers: Planning to retire or leave practice? Three words: Legal. Service. Coverage.
You’re looking forward to retirement – next year, or maybe 20 years down the road. Or perhaps you’re leaving private practice to work as in-house counsel. Whatever your plans, you want to be assured that malpractice claims won’t come back to haunt you or your family. Real estate claims continue to be a major source… Read More »
Categories: Areas of Law, Real Estate, The TitlePLUS Program & Title InsuranceEasements: more than meets the eye
Non-use of an easement does not lead to abandonment or extinguishment The recent Court of Appeal decision in Remicorp Industries Inc. v. Metrolinx makes it clear that non-use or the lack of need for an easement is insufficient for that easement to be abandoned or extinguished at law. A solicitor should advise their client of… Read More »
Categories: Areas of Law, Real EstateEverything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?
For decades the existence of rent control has posed a risk to Ontario real estate lawyers acting on the purchase and mortgaging of residential rental property. The range of affected properties is immense: From a basement apartment to a rented single family house to the largest multi-residential complexes in the province, many real estate files… Read More »
Categories: Areas of Law, Real EstateNew Rule on Advertising of Fees for Residential Real Estate Transactions
This is a November 2017 e-bulletin from the Law Society of Upper Canada. Convocation approved amendments to the Rules of Professional Conduct (“Rules ”) in September 2017 with respect to advertising of fees when acting on residential real estate transactions. The new rule and its commentary provide guidance on the way in which lawyers advertise… Read More »
Categories: Real EstateNotice to Lawyers Concerning Syndicated Mortgages
On Oct. 24, 2017, the Law Society of Upper Canada issued a notice to lawyers concerning syndicated mortgages and syndicated mortgage investments. A syndicated mortgage is a mortgage where two or more persons participate as investors. Syndicated mortgages can be as simple as two people lending to a third person, the loan secured against a… Read More »
Categories: Real EstateCommercial title insurance: What you need to know
Commercial title insurance is a different product than a residential policy. For the most part, residential policies can be characterized as being “one size fits all” or “off the rack.” Yes, there are times when a residential policy may require an amendment or an exclusion to accommodate a particular situation, but often times, assuming the… Read More »
Categories: Real EstateAvoiding 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 ErrorsContingency planning for lawyers: Do you have a plan in place for your practice?
LAWPRO encourages lawyers to consider the impact that their unexpected death or incapacity would have on their practices, and to implement a plan to ensure that their clients continue to be served. The following article provides a good overview of issues lawyers should consider when making contingency plans. It originally appear in Hull & Hull… Read More »
Categories: Law Practice Management, Practice Aids, Wills & Estates