Limitations Claims
Litigation claims on the rise
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 ClaimsBuild good practice habits and avoid malpractice claims: The new lawyer
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 PreventionHow LAWPRO stood up for lawyers in 2016
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 ClaimsAvoiding limitation period pitfalls
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 ClaimsTop reasons files stall
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 Claims5 year rolling administrative dismissal date for Rule 48 after January 1, 2017
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 ClaimsFriday, December 2, 2016 is the deadline to file a consent timetable and draft order to prevent a dismissal under Rule 48.14 of pre-2012 matters
LAWPRO reminds Ontario lawyers that Friday, December 2, 2016 is the deadline to file a consent timetable and draft order to prevent a dismissal under Rule 48.14 of pre-2012 matters. See below for more details. Answers to common Rule 48.14 questions In a case decided last week, Daniels v. Grizzell, 2016 ONSC 7351, Associate Chief Justice… Read More »
Categories: Civil Litigation, Limitations ClaimsHow long should you keep your closed files?
“How long do I have to keep my closed files?” is one of the most frequent questions lawyers ask practicePRO. Certainly you don’t have to keep all files permanently – this just doesn’t make practical or economic sense. Nor is the solution as simple as a one-size-fits-all rule for when to destroy closed files (e.g.,… Read More »
Categories: Civil Litigation, Limitations Claims