On January 1, 2019, several new amendments to the Ontario Rules of Civil Procedure came into force. The following changes are particularly notable: 1) New deadlines for supplementary expert reports New deadlines are now in effect for the service of supplementary expert reports and responding supplementary expert reports (pursuant to Subrule 53.03 (3), as amended)…. Read More »
Categories: Civil Litigation
We are pleased to report that the Divisional Court has allowed the appeal and set aside the orders of the Application Judge in the Milne Estate (Re) decision. The Divisional Court did not in any way criticize the use of the allocation clause and in fact noted that “the use of allocation clauses is a… Read More »
Categories: Wills & Estates
An Ontario lawyer reported getting the following email. After replying to it, another email was received that included a pdf document that supposedly had the details of the real estate transaction. In reality the pdf contains only a link to what appears to be a Microsoft OneDrive account, but is actually a link that contains… Read More »
Categories: Fraud Prevention
Mental health challenges in the legal profession are often ignored, stigmatized, and untreated. This not only leads to poorer quality of life for lawyers and their families, it is a contributing cause of many malpractice claims. This is why, for over a decade, LAWPRO and the Law Society of Ontario have co-funded wellness and mental… Read More »
Categories: Wellness and Balance, Risk Management & Claims Prevention
Do you think you may have a claim to report, but are wondering about timing? There are no good reasons to delay in reporting a claim, and many excellent reasons to do so as early as possible. Under the current mandatory program of insurance for lawyers, the policy that responds is the one in force… Read More »
Categories: LAWPRO Errors and Omissions Coverage
The Law Society of Alberta has received a report about a business, “GSKS Law Firm”, purporting to be a law firm. The business operates a website at http://gskslaw.com. The individuals associated with the business are falsely holding themselves out as members of the Law Society of Alberta and are reaching out to individuals to offer… Read More »
Categories: Fraud Prevention
We have written previously about the dangers associated with email spoofing and phishing schemes, where fraudsters will send fabricated emails purporting to be from a trusted colleague or third party in an effort to trick a lawyer or staff member into clicking on a dangerous link or downloading a dangerous attachment. These fraudulent schemes continue… Read More »
Categories: Fraud Prevention
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 Claims