Areas of Law
Coverage 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 EstateResolutions to avoid wills and estates claims
I will ask more probing questions when meeting with a client to prepare a will: Too many lawyers are not asking the questions that could uncover facts that could cause problems later, or making clear to the client what information they need to provide. Was there a prior will? Are all the beneficiaries identified correctly?… Read More »
Categories: Wills & EstatesResolutions to avoid litigation claims
I will enter target dates a few days early to avoid last minute complications. Unforeseen circumstances can arise on the day a document needs to be filed. Setting your target date a few days before a deadline could prevent a snow storm, traffic jam or sick-at-home clerk resulting in a missed deadline. I will familiarize… Read More »
Categories: Biggest Claims Risks, Civil LitigationResolutions to avoid real estate claims
I will ensure I meet with my clients in person at least once: In most real estate practices the staff handle many aspects of the client’s matter. However, ultimate responsibility still lies with the supervising lawyer. Take the time to meet with the client in person to review the transaction and understand the client instructions,… Read More »
Categories: Real Estate