Areas of Law
Risk management strategies to reduce your risk of a claim under the new Rule 48.14
Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and more than $7 million in claims costs over the last three years, LAWPRO was happy to see old Rules 48.14 and 48.15 revoked. However, while LAWPRO believes the new rule will stem… Read More »
Categories: Civil LitigationAvoiding ‘Inadequate Investigation’ Claims in Wills & Estates
Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked at the top five reasons a claim was made against a lawyer. Since then the claims cause of “inadequate investigation” has climbed steadily upwards to the number one spot: By 2014, this category… Read More »
Categories: Wills & EstatesLAWPRO defends lawyers: Opposing inappropriate expansion of lawyer’s scope of responsibility
Advising clients of their rights on a legal matter is a significant responsibility and lawyers have a duty to discharge it with competence and care. But when defending a negligence claim where clients seek to hold lawyers accountable for the unfavourable results of their own business or strategic decisions, LAwPRO’s defence counsel don’t hesitate to… Read More »
Categories: Civil Litigation, LAWPRO Errors and Omissions CoveragepracticePRO Resource: The criminal claims malpractice fact sheet
With such a large amount of claims prevention information availalable in LAWPRO Magazine articles and practicePRO resources, we had the idea to create a single, simple fact sheet that CPD providers and others could use in developing their program material. The result was our first “malpractice fact sheet”. It covers criminal law claims and you… Read More »
Categories: Criminal LawRisky VTB mortgage transactions in Barrie and Collingwood [LAWPRO Alert #2]
This is the text of an alert sent by LAWPRO to all Ontario lawyers on April 29, 2015. LAWPRO is warning Ontario real estate lawyers to be on the alert for risky vendor takeback mortgage transactions, some of which may be closing this week. There is a significant potential claims risk for lawyers involved in… Read More »
Categories: Real EstateNew practicePRO resource: Wills & estates malpractice claims fact sheet
With such a large amount of claims prevention information availalable in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers wills… Read More »
Categories: Wills & EstatesRisky VTB mortgage transactions in Collingwood and Barrie
This is the text of an alert sent to real estate lawyers in the Barrie and Collingwood areas on April 24, 2015. An updated alert was sent to all lawyers on April 29, 2015. Thanks to calls from lawyers and an email warning sent by one of the county law associations, LAWPRO has become aware… Read More »
Categories: Real EstateSurprise! 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 Law