Areas of Law
Dropping the ball on a file transfer: Rule 48 dangers
When a file is transferred from one lawyer to another, one danger is when nothing happens on the file due to a clumsy transfer or missing critical information. A new file that has not been looked at can be a ticking time bomb. Deadlines like limitation periods can pass by unnoticed, and Rule 48 administrative… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Communication Errors, Law Practice Management, Risk Management & Claims Prevention, Risk Management StrategiesSale of the Matrimonial Home in Family Disputes
The following is an e-bulletin from the Law Society of Upper Canada sent on Sept 27, 2016. Lawyers are often approached by spouses involved in a family law dispute who are seeking joint representation with respect to the sale of a matrimonial home. Before accepting a retainer to act for such spouses, a lawyer must… Read More »
Categories: Family LawNever release funds before closing without meeting security requirements under the Condominium Act
Not infrequently, LAWPRO sees claims related to the release of condominium purchasers’ deposits to a vendor prior to closing. The circumstances under which these deposits can be released are strictly limited under the Condominium Act, 1998, S.O. 1998, c.19 (the “Act”), and the legislation does not permit contracting out of security requirements. Prior to the… Read More »
Categories: Real EstateLimited scope representation: With the right safeguards, possibilities abound
A self-represented family law litigant anxiously prepares for a hearing, which can resolve months, if not years, of anxiety, and determine the litigant’s financial and family affairs in the near future. Retaining a lawyer from cradle to grave is out of budget for this litigant. What to do? Relief is around the corner – a… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Family Law, Risk Management StrategiesDemystifying condominiums with better communication
The single biggest problem in communication is the illusion that it has taken place. ~ George Bernard Shaw Many people start their home ownership journey by purchasing a condominium unit. Others downsize to a condominium later in life. As first-time condominium buyers, they may be unfamiliar with the operation and documentation of a condominium corporation…. Read More »
Categories: Communication Errors, Real EstateEquipment purchase scam using the names Peter Zerhouni and InDex Pharmaceuticals
Two Ontario firms have notified us that they received an email from the purported Ronald Laarhoven of Wintershall Noordzee looking to retain them with regards to making a large commercial purchase. This appears to be a bad cheque scam that presents as legal matter requiring the assistance of a lawyer. In this scam lawyers will… Read More »
Categories: Areas of Law, Equipment / Inventory Purchase Fraud, Fraud WarningsRule 48 dismissal FAQs
In the last year we have received inquiries regarding the new Rule 48. Here are the questions we most frequently hear: 1. The main action is administratively dismissed under Rule 48. What happens to related counterclaims, cross claims and third party claims? Counterclaims, crossclaims, and third party claims are dealt with under Rule 48.14(9), which… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsAlternative fee arrangements in litigation
In recent years more focus has turned to alternative fee arrangements as a way to offer clients more predictable costs and affordable legal services. Hughes Amys LLP, based out of Hamilton and Toronto, offers alternative fee arrangements which have proven successful for them. Here is a look at how they’ve done it. “We’ve been doing… Read More »
Categories: Civil Litigation