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Limitations Claims

Common Limitation Period Pitfalls and How to Avoid Them

hourglass

It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others… Read More »

Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims

Limitation periods: Not just for litigators

limitations-claims

Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »

Categories: Limitations Claims

Litigation claims on the rise

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In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »

Categories: Biggest Claims Risks, Communication Errors, Civil Litigation, Limitations Claims

Build good practice habits and avoid malpractice claims: The new lawyer

biggest-claims-risks

You are just beginning to build the habits that can help or hinder your practice in the long term. Consistency in how you deliver service – from the questions you ask at intake to the steps you take when the client leaves the office – is one of the foundations to protect yourself against malpractice… Read More »

Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Limitations Claims, Risk Management & Claims Prevention

How LAWPRO stood up for lawyers in 2016

Canadian justice

The great majority of claims reported to LawPRO are either abandoned, settled, or resolved through mediation or arbitration. But if we hope to preserve reasonable and fair limits on the scope of lawyers’ responsibilities, we must occasionally go to court. Our litigation track record is proof of our sound judgment about when to go to… Read More »

Categories: LAWPRO Errors and Omissions Coverage, Civil Litigation, Limitations Claims

Top reasons files stall

civil-litigation

Whether you run a lean and mean or volume-oriented personal injury practice, certain files are more prone to languish than others. What’s the real cost of running a file for too long? Work-in-progress accumulates with little to show for it, expert reports grow stale and need to be updated (which significantly increases disbursements), witnesses’ memories… Read More »

Categories: Civil Litigation, Limitations Claims

5 year rolling administrative dismissal date for Rule 48 after January 1, 2017

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LawPRO reminds lawyers that on a rolling basis beginning January 1, 2017, matters commenced on or after January 1, 2012 will be automatically dismissed five years after they were commenced. Remember, the courts will dismiss actions without sending notices of any type to parties or their lawyers. Update internal firm systems to tickle all relevant… Read More »

Categories: Biggest Claims Risks, Limitations Claims
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