Areas of Law
Limited 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 LitigationFranchise Law Tenet: Disclosure! Disclosure! Disclosure!
LAWPRO is seeing an increase in claims against lawyers by franchisees and franchisors. These claims tend to involve significant damages which often approach or exceed the available limits under the primary LAWPRO policy. Franchises are governed by the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) which was enacted by the Ontario government to provide… Read More »
Categories: Franchise LawTendering correctly: Preserve your client’s rights (and avoid a claim!)
Tendering, in real estate practice, is a strategy real estate lawyers can use to demonstrate a client’s willingness and readiness to close a transaction in circumstances where there may be doubts about the other party’s ability or willingness to close on time. done properly, tendering can help to preserve a client’s rights in the event… Read More »
Categories: Real EstateDoes title insurance bring benefits to the primary professional liability program?
We all know that notwithstanding the rise of title insurance in Ontario, claims arising from real estate practice are still a large (and in many years, the largest) exposure for the primary professional liability program that LAWPRO provides for the Law Society’s lawyer-licensees (the “E&O program”). We have explored why in other articles and settings…. Read More »
Categories: LAWPRO Errors and Omissions Coverage, Real Estate, The TitlePLUS Program & Title Insurance