Areas of Law
Surprise! You have a franchise
Are you sure the company for which you’re handling an Ontario commercial transaction is not a franchise? Really sure? Because if you’re wrong, and your client meets the statutory definition of a franchise, the company is bound by the strict disclosure requirements of Ontario’s Arthur Wishart Act. Non-compliance with these can mean that parties entering… Read More »
Categories: Franchise LawCriminal lawyers: Clear communication your best defence against allegations of ineffective assistance
A substantial proportion of professional liability claims against criminal defence counsel are based on allegations of “ineffective assistance”. The jurisprudence makes it clear that poor lawyer-client communication is at the root of many of these claims. Allegations of ineffective assistance are usually first tested in the context of the appeal of a conviction. Few of… Read More »
Categories: Criminal LawpracticePRO Resource: Checklist for commercial transactions
Many commercial matters involve the preparation of one or more documents. These documents are drafted based on communications between the parties to the document and/or their respective lawyers, the specific circumstances of the matter and applicable substantive law. While the majority of commercial deals in Ontario are concluded without difficulties, all too often LAWPRO sees… Read More »
Categories: Corporate LawNew Rule Designates Certain Counties as the Place to Bring Mortgage Proceedings
Rule 13.1.01(3) of the Rules of Civil Procedure comes into effect on March 31, 2015 and requires that mortgage proceedings be commenced in the county that the regional senior judge, in the region where the property is located, designates for such claims. Pursuant to this authority, each Regional Senior Judge of the Superior Court of… Read More »
Categories: Real EstateDon’t Let Fear Take Over Your Practice
Recently I experienced a night of cold sweats, anxiety, and dread. It all began with a family ski trip to Radium, Alberta. We were looking forward to enjoying the hot springs, the bighorn sheep, and the majesty of the Canadian Rockies. While there we planned to spend some time at the local ski resort. When… Read More »
Categories: Practice Aids, Civil Litigation, Limitations Claims, Wellness and Balance, Law Practice Management, Biggest Claims Risks, Communication Errors, Risk Management StrategiesA TitlePLUS video: Five common errors in a real estate deal
The latest issue of TitlePLUS today features a video on five common errors in a real estate deal, and the questions lawyers should be asking to protect themselves. For additional reading on these five errors, see the LAWPRO Magazine article Steer Clear of Real Estate Claims on By Asking These Five Questions on Every Deal.
Categories: Real EstateWhen taking instructions isn’t taking instructions
How does a diverse population and profession affect our ability as lawyers to settle files, facilitate the purchase of homes, and help businesses grow? It turns out that a number of claims have arisen in recent years where either lawyers have made bad assumptions about their racialized clients, or where racialized lawyers have been taken… Read More »
Categories: Risk Management Strategies, Civil Litigation, DiversityWould you get caught in a trust vs. gift dispute when handling purchase funds?
It can be uncomfortable to talk about money. When handling real estate purchases and domestic contracts, however, lawyers can’t afford to accept purchase funds on a “no questions asked” basis. Why not? Because if purchase funds come from somebody other than the prospective owner, the doctrine of resulting trust presumes that, regardless of who is… Read More »
Categories: Real Estate