Limitations Claims
Rule 48 dismissal FAQs
In the last year we have received inquiries regarding the new Rule 48. Here are the questions we most frequently hear: 1. The main action is administratively dismissed under Rule 48. What happens to related counterclaims, cross claims and third party claims? Counterclaims, crossclaims, and third party claims are dealt with under Rule 48.14(9), which… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsThe Kenora gambit: Why it pays to know Ontario has two time zones
Did you know Ontario has two time zones? Veteran Claims Counsel Doug Scott was able to exploit that fact to help one of our insureds “repair” a problem and avoid a claim. Late one afternoon, Doug took a call from a frantic Toronto area lawyer who explained that a limitation period to sue on a… Read More »
Categories: LAWPRO Errors and Omissions Coverage, Limitations ClaimsThousands of pre-2012 matters will be automatically dismissed January 1, 2017
This is an alert LAWPRO sent to litigation lawyers on February 3, 2016. The clock is ticking. Under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 that are not set down for trial will be automatically dismissed – without notice to you – on January 1, 2017…. Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsRule 48 Transition Toolkit helps you avoid administrative dismissal claims
Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and almost $10 million in claims costs in three and a half years, LAWPRO is happy to see old Rules 48.14 and 48.15 revoked. While the new rule may help stem the tide… Read More »
Categories: Civil Litigation, Limitations ClaimsHow lawyers can avoid the dangers of procrastination
Whether it’s leaving a university essay until the last minute or deciding to sort your sock drawer instead of doing your taxes, procrastination is something everyone struggles with in life. However in your law practice, the results can be more damaging. In the past five years LAWPRO has received nearly 300 claims resulting from ‘procrastination’,… Read More »
Categories: Limitations ClaimsDon’t Let Fear Take Over Your Practice
Recently I experienced a night of cold sweats, anxiety, and dread. It all began with a family ski trip to Radium, Alberta. We were looking forward to enjoying the hot springs, the bighorn sheep, and the majesty of the Canadian Rockies. While there we planned to spend some time at the local ski resort. When… Read More »
Categories: Biggest Claims Risks, Communication Errors, Risk Management Strategies, Practice Aids, Civil Litigation, Limitations Claims, Wellness and Balance, Law Practice ManagementWarning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies
The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article by Debra Rolph, Director of Research… Read More »
Categories: Limitations ClaimsA clarification on the ultimate limitation period and the York Condominium Corp. and Jay-M Holding case
The How Long Should You Keep Your Close Files? article in the December 2010 issue of LAWPRO Magazine was well received by Ontario lawyers. From the emails, phone calls and personal comments we received, it is clear the information we provided was helpful to many lawyers in terms of the decisions they needed to make… Read More »
Categories: Civil Litigation, Limitations Claims