Areas of Law
Does title insurance bring benefits to the primary professional liability program?
We all know that notwithstanding the rise of title insurance in Ontario, claims arising from real estate practice are still a large (and in many years, the largest) exposure for the primary professional liability program that LAWPRO provides for the Law Society’s lawyer-licensees (the “E&O program”). We have explored why in other articles and settings…. Read More »
Categories: 2014 September Diversity, Articles, Insurance Business, Real Estate, Title insuranceTitle insurance policies are like a box of chocolates – No two policies are the same
“The lawyer should be knowledgeable about title insurance and discuss with the client the advantages, conditions, and limitations of the various options and coverages generally available to the client through title insurance,” states Rule 2.02(10) of the Rules of Professional Conduct. This obligation was brought home in a recent malpractice case where the lawyer did… Read More »
Categories: 2014 September Diversity, Articles, Real Estate, Title insurance, TitlePLUSWarning: 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 discusses this new development, and touches… Read More »
Categories: 2014 September Diversity, Articles, Casebook, Civil Litigation, Failure to Know The Law, Limitation PeriodsWhen waiving a search comes back to haunt you
How a client perceives a lawyer’s role in a transaction often depends on the client’s experience. At one end of the spectrum, a new homebuyer may believe that the lawyer will not only navigate the process, but will also personally shield the client from all risks. At the other extreme, a sophisticated businessperson may urge… Read More »
Categories: 2014 September Diversity, Articles, Could This Happen to You?, Inadequate Investigation, Real EstateSubdivision control under the Planning Act: What do you need to know?
This is a shortened version of an article that appeared on August 1, 2014 in the TitlePLUS Today newsletter. See the full version at practicepro.ca/subdivision-control The subdivision and part lot control provisions of section 50 of the Planning Act are lengthy and complex. It can be difficult to sort out the parts that apply to… Read More »
Categories: 2014 September Diversity, Articles, Practice Tips, Real EstateRecoveries and repairs: 2013 review
LAWPRO staff actively pursue recovery costs throughout the year. In some cases, a party other than the insured is found liable for all or part of a loss that is the subject of a claim. We take all reasonable steps to obtain reimbursement from these parties, no matter the amount, because the recovery of these… Read More »
Categories: 2014 June - Year in Review 2013, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Family, Limitation Periods, Year in ReviewTeraview tip: Is searching by municipal address getting you the right property?
Do you search by municipal address when using Teraview software? LAWPRO defence counsel have reported seeing construction liens filed on the wrong property where lawyers solely relied on municipal addresses. Note that Teraview presents you with an onscreen caution that “Addresses are approximate.” It is the legal description that determines which property is being impacted…. Read More »
Categories: 2014 June - Year in Review 2013, Articles, Practice Tips, Real EstateInformed, documented plea instructions protect you from claims
Though the rate of malpractice claims flowing from criminal cases is lower than in other areas of law, the number of claims in this area is on the rise, and for many of the same reasons we see in other areas. The most frequent cause? Issues with lawyer-client communication. An area of particular vulnerability to… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Inadequate Investigation, Malpractice ErrorsClear communication your best defence against allegations of ineffective assistance of counsel
A substantial proportion of professional liability claims against criminal defence counsel are based on allegations of “ineffective assistance”. The jurisprudence makes it clear that poor lawyer-client communication is at the root of many of these claims. Allegations of ineffective assistance are usually first tested in the context of the appeal of a conviction. Few of… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Dabbling, Failure to Know The LawCan a criminal conviction make your client inadmissible for residency/citizenship?
Where a client charged with a serious crime is a non-citizen of Canada and is hoping to obtain resident status, criminal lawyers should be aware that recent changes to the Immigration and Refugee Protection Act (IRPA) raise special plea and sentencing considerations. The Faster Removal of Foreign Criminals Act On June 19, 2013, amendments to… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Failure to Know The Law