The following is from an August 6, 2019 warning from the Law Society of BC. Similar attempts to divert funds have been reported in Ontario as well. Fraudsters continue to target BC lawyers “If you are about to pay out trust funds and your client’s payment instructions change, stop and ensure that the change is… Read More »
Categories: Fraud Prevention
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
What to wear? Where to stand? Going to court for the first time can be an intimidating experience, but it can become familiar with practice. The level of formality and decorum in a courtroom is a unique part of Canadian life and should be treated seriously. Unlike what you may have seen on shows and… Read More »
Categories: Practice Aids
The Working Group on Lawyers and Real Estate has released updated Ontario-wide Standard Closing Documents (OSCD). Of particular note, is the addition of a new document – a Section 116 Income Tax Act Undertaking (Undertaking (Non-Residency)). Closing a transaction with a non-resident vendor can be challenging if the vendor has not secured a Section 116… Read More »
Categories: Real Estate
As of June of 2019, federal private corporations will be required to maintain a registry of “Individuals with Significant Control” (ISC) in addition to an annual obligation to take reasonable steps to ensure their register is complete and up-to-date. Corporations will have an obligation to update their registry within 15 days of becoming aware of… Read More »
Categories: Corporate Law
LAWPRO has heard from a number of Ontario lawyers that their firm websites have been copied by fraudsters to further their schemes, such as the “inheritance from a long-lost relative” scam. They often use the name of a real law firm in one jurisdiction, the web content from a firm in another jurisdiction, and the… Read More »
Categories: Fraud Prevention
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
Responsible and efficient delegation is an important skill for any lawyer. But there are limits as to when and how certain tasks can be delegated to non-lawyers. Recently, LAWPRO has seen situations where corporate filings are handled by administrative staff such as clerks, without specific authorization or review from a supervising lawyer. This sometimes includes… Read More »
Categories: Corporate Law