Risk Management & Claims Prevention
When ILA isn’t
This is a story of what seemed like a simple independent legal advice (ILA) matter that turned out to be more complicated than it looked. The claim story A lender sought ILA about a loan that he wanted to advance to a friend. The friend intended to use the money to purchase additional shares in… Read More »
Categories: Risk Management StrategiesEstates and Limitation Periods – Recent case decision
Navigating limitation periods is a critical aspect of legal practice in Ontario and lawyers are often faced with the challenge of determining which legislation applies to their clients’ cases. In a recent case, the Ontario Court of Appeal ruled that the two-year limitation period under the Trustee Act applied to the respondent’s equitable trust claim… Read More »
Categories: Limitations Claims, Wills & EstatesHow to ensure you have secure funds
[Updated May 14, 2024] Article highlights: 1.For funds to be truly irrevocable, you need a PCRN. Anything else is a risk. 2.Financial institutions that have adopted the Uniform Treatment of Wire Payments have agreed to treat “On-Us” funds (e.g. when the payee and the payor are at different branches of the same financial institution) as… Read More »
Categories: Fraud PreventionAre you ready for the Law Society’s new client ID requirements on January 1, 2024?
As of January 1st, 2024, the Law Society of Ontario requires lawyers who only meet with clients virtually to verify their clients’ identity online by authenticating their identification documents, or using an alternate, approved verification method. This ends the emergency virtual-verification measures that permitted verification through simply viewing identification documents online. The virtual authentication of… Read More »
Categories: Fraud PreventionNew wellness resources from the Member Assistance Program
Beginning December 1, Homewood Health will be updating the myassistplan.com web portal to incorporate the new “Pathfinder” user-interface system. Through a series of simple questions, the anonymous Pathfinder system will quickly guide lawyers to curated lifestyle coaching, counselling, peer-support, and online resources that are directed at the specific needs of each lawyer. Lawyers can book… Read More »
Categories: Wellness and BalanceFederation of Law Societies launches online program to combat money laundering risks
The Federation’s of Law Societys has launched an online learning program entitled “Anti-Money Laundering and Terrorist Financing in the Canadian Legal Profession”. The program is free and the Law Society of Ontario has accredited the program for 3 hours and 45 minutes of Professionalism content. From the website: “The practice of law exposes legal professionals… Read More »
Categories: Fraud Prevention, TechnologyNew variation of the bad cheque email scam referring to “Greenville Offshore Bank” in Toronto
An Ontario lawyer forwarded us what appears to be a new variation of the old bad cheque scam in which a lawyer is contacted from a client overseas to collect on a debt, divorce settlement or facilitate a large equipment purchase (see our full list of these emails here). In this version the clients claim… Read More »
Categories: Fraud PreventionBe on the lookout for administrative dismissals
Lawyers are advised to be on the lookout for policy changes and warnings coming from courts and tribunals within Ontario. Since 2020, many judicial bodies in Ontario have suspended administrative dismissals in some or all cases due to the impact of the COVID-19 pandemic. For example, the MAG issued a direction to suspend the issuance… Read More »
Categories: Risk Management & Claims Prevention