Limitations Claims
Top 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 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 ClaimsMalpractice danger areas in personal injury law
Having practised personal injury law before I joined LAWPRO, I faced constant challenges that threatened to derail my practice if improperly dealt with. Follow me as we take this journey into the life of a hypothetical file and uncover the most common sources of malpractice claims. The Case of Mr. Smith Mr. Smith suffers serious… Read More »
Categories: Biggest Claims Risks, Civil Litigation, Limitations ClaimsRule 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: Civil Litigation, Limitations Claims, Biggest Claims RisksThe 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 Claims