Limitations Claims
Download our updated Limitations Period Resources
Missing a limitation period is a lawyer’s nightmare. Although most claims are subject to the 2 year limitation period set out in the Limitations Act, 2002, there are over 40 statutes that impose limitation periods in Ontario. LAWPRO has developed several resources to help lawyers navigate Ontario’s limitations periods and notice periods. The Limitations and… Read More »
Categories: Civil Litigation, Limitations ClaimsCommon Limitation Period Pitfalls and How to Avoid Them
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 ClaimsLimitation periods: Not just for litigators
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 ClaimsReview Your Files – The Ultimate Limitation Period is Arriving Soon
As of January 3, 2019, actions arising from acts or omissions that occurred prior to January 1, 2004, are statute barred by virtue of s. 15 of the Limitations Act, 2002, even if these errors were not discoverable before January 1, 2019. There will be very few exceptions. We strongly suggest that you review your… Read More »
Categories: Civil Litigation, Limitations ClaimsLitigation 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 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 Claims