Areas of Law
When 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: Civil Litigation, Diversity, Risk Management StrategiesWould 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 EstateLAWPRO Magazine archive: The Boomer challenge – Are lawyers ready?
2013 is the first year 500,000 Canadians turned 60. It seems like a good time to revisit this article from five years ago, when the first edge of the Boomers were entering their seventh decade. It examines the implications for lawyers of this large and aging clientele. Click here or on the image above to… Read More »
Categories: Communication Errors, Family Law, Real Estate, Wills & EstatesCoverage exception in title insurance policies catches lenders’ lawyers off guard
This article by Kathleen Waters, President & CEO of LAWPRO, originally appeared in the December 26, 2014 issue of The Lawyers Weekly published by LexisNexis Canada Inc. In September, LAWPRO received an unwelcome surprise – the first in a series of claims based on an exception to coverage in residential lender title insurance policies. That… Read More »
Categories: Real EstateAvoiding ‘Inadequate Investigation’ Claims in Plaintiff Litigation
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: Biggest Claims Risks, Civil LitigationAvoiding ‘Inadequate Investigation’ Claims in Real Estate
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: Real EstateAmendments to Rule 48 bring major changes to administrative dismissals
Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »
Categories: Biggest Claims Risks, Civil LitigationLawyers Weekly article on claims exposure for real estate lawyers due to coverage exceptions in certain title insurance policies
The December 26, 2014, issue of Lawyers Weekly has an article on a claims exposure that arises due to coverage exceptions in certain title insurance policies. Real estate lawyers need to be aware of this claims exposure and how to avoid it. LAWPRO has seen 7 claims with combined losses approaching $2 million, including one… Read More »
Categories: Real Estate