Areas of Law
To avoid real estate claims: take instructions from the party with value at risk
If you’ve read even just the title of today’s risk management post, you’re on your way to avoiding a real estate claim. For seasoned real estate lawyers, the process of taking instructions, formulating or answering requisitions, and closing the deal can become, to a large extent, routine. An “ordinary” set of instructions with respect to… Read More »
Categories: Real Estate10 Common Mortgage Blunders You Can Easily Avoid
The Smiths (seemingly friendly and genuine people) walk into your law office with what appears to be a straightforward real estate deal including mortgage financing, for which you are to represent the lender as well. But, is it really that straightforward? Consider this: a high percentage of claims are caused by communication errors, inadequate investigation,… Read More »
Categories: Real EstateProofread that will!
There are not many guarantees in life, but this is one of them: If you proofread – properly – each and every will you create, you will substantially reduce your risk of a malpractice claim. Proofreading well is a highly underrated, non-universal skill. However, since lawyers proofread documents on a regular basis, most have a… Read More »
Categories: Wills & EstatesUndertakings 101: Manage your risk
There is often some confusion around the purpose of undertakings and how they should be structured. Be the lawyer who solves closing problems without taking on risks. Undertakings are essential elements in real estate transactions. They are commonly given by one party to another to avoid delays in closings, or as a courtesy to the… Read More »
Categories: Real Estate21 Recommendations in Justice Bonkalo’s final report on improving access to justice for families in Ontario
The following is a Bulletin released March 6, 2017 from the Ontario Ministry of the Attorney General Ontario is helping families by making it easier for them to navigate family courts and access the legal assistance they need. Last year, Ontario and the Law Society of Upper Canada asked the Honourable Annemarie E. Bonkalo to… Read More »
Categories: Family LawThe future of law: Why the real estate lawyer is the quarterback of the real estate deal
On June 22, 2016, surrounded by family and colleagues, Kathleen Waters was honoured with the 2016 Ontario Bar Association’s Award of Excellence in Real Estate. Her remarks included comments on the lawyer as quarterback and advice on moving successfully into the digital future. “I’m a passionate believer in the role of the lawyer as defender… Read More »
Categories: Real Estate, The TitlePLUS Program & Title InsuranceInformed, documented plea instructions protect you from claims
Though the rate of malpractice claims flowing from criminal cases is lower than in other areas of law, the number of claims in this area is on the rise of late, and for many of the same reasons we see in other areas. The most important cause? Issues with lawyer-client communication. An area of particular… Read More »
Categories: Criminal LawWhen preparing wills, don’t dispense with formalities – execution matters
Will-drafting is an area of legal practice that demands extremely careful attention to detail. Decisions in this area make it clear that even where a will is well-drafted and is consistent with the testator’s known intentions, failure to have the will executed in accordance with the applicable legal formalities will render it invalid. When that… Read More »
Categories: Wills & Estates