Areas of Law
New 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 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: Biggest Claims Risks, Civil Litigation, Communication Errors, Law Practice Management, Limitations Claims, Practice Aids, Risk Management Strategies, Wellness and BalanceA 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 Estate