Areas of Law
The New Rules of Practice for Estates: An Overview
I. AN OVERVIEW (by Suzana Popovic-Montag*) On July 9, 2015, several amendments to the Rules of Civil Procedure¹ (the “Rules”) were filed with the registrar under the Courts of Justice Act². These amendments, which came into force as of January 1, 2016, include various changes to the practice of estates under Rules 74 and 75…. Read More »
Categories: Wills & EstatesPrepare your client for trial and avoid a malpractice claim
I recently spoke about preparing your client for trial and avoiding a malpractice claim at the Advocates’ Society “Practice Essentials: Managing Your Way to Trial Success” CPD chaired by Emily C. Cole and Norm J. Emblem. The CPD spurred us to create a Client Trial Preparation Checklist to help you cover the bases with your clients. I hope the thoughts below… Read More »
Categories: Civil Litigation, Risk Management & Claims Prevention, Communication Errors, Precedents, Risk Management StrategiesLAWPRO Magazine archive – Drafting errors: A simple error can cost you
Given the complexity and the number of commercial agreements drafted each year in Ontario, it is surprising that corporate and commercial claims account for only 13 to 15 per cent of the number of claims reported against lawyers in Ontario annually. Although commercial leasing errors represent a small percentage of those claims, they illustrate where… Read More »
Categories: Corporate LawProvince Seeking Feedback To Make Family Legal Services More Accessible
This is the text of a news release from the Ministry of the Attorney general, released February 9, 2016. Ontario and the Law Society of Upper Canada are seeking public feedback on a proposal to help families access qualified family legal service providers. Family law includes divorce and separation, child custody and access, and child… Read More »
Categories: Family LawDefending the will
We all know, it’s impossible to write an effective will for a client without investigating the details of the client’s circumstances and estate. While this conclusion may seem trite, in recent years LAWPRO has seen an average of 60 claims per year alleging that the lawyer did not investigate key details. This specific error has… Read More »
Categories: Wills & EstatesOHIP subrogated claims
Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »
Categories: Communication Errors, Risk Management Strategies, Civil LitigationThousands of pre-2012 matters will be automatically dismissed January 1, 2017
This is an alert LAWPRO sent to litigation lawyers on February 3, 2016. The clock is ticking. Under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 that are not set down for trial will be automatically dismissed – without notice to you – on January 1, 2017…. Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsLAWPRO Magazine archive: Title insurance – separating fact from fiction
In just over a decade, title insurance has gone from a little-known development to a mainstay of real estate practice. In Ontario alone, title insurance is a $100 million a year industry: Between 1999 and 2009, the revenue of the major title insurers of Ontario grew 534 per cent. Not surprisingly it is estimated that… Read More »
Categories: Real Estate, The TitlePLUS Program & Title Insurance