Areas of Law
Knowing when to take a stand: LAWPRO defends its insureds in 2012
LAWPRO pays an indemnity to resolve a claim only in a minority of cases. In the years 2008-2012, LAWPRO made an indemnity payment in just 14.5 per cent of files, on average. However, many claims must be actively defended: over that same period, over 42 per cent of claims required the expenditure of external defence… Read More »
Categories: 2013 May - Year in Review 2012, Articles, Casebook, Civil Litigation, Limitation Periods, Personal injury, Tax, Wills & EstatesNew Year’s resolutions for a healthier law practice and a new you
The start of a new year is a time for self-reflection and self-improvement. Many of you will think about making changes in your personal and work lives. But while you all have good intentions, it can be difficult to break old habits, especially when you are running hard on the treadmill of a busy life… Read More »
Categories: 2012 December Resolutions, Articles, Civil Litigation, Corporate Law, Criminal Law, Family, Features, Finances, Legal Technology, Marketing, Practice Tips, Real Estate, Time Management, Wellness, Wills & EstatesHow the real estate bar entered the insurance business, or what happens when a lawyer is also an insurance intermediary
Many of us deal with licensed insurance agents or registered brokers every year to purchase coverage, whether life, auto or home policies. When someone in Ontario wishes to obtain title insurance, the real estate lawyer effectively functions as insurance intermediary (although not technically an agent or a broker). Lest anyone think there is anything improper… Read More »
Categories: 2012 December Resolutions, Insurance Business, Real Estate, Title insurance, TitlePLUSDon’t be trapped by old habits of thought – The limitation period for equitable claims is now two years
It is difficult to let go of fundamental principles. Many generations of Ontario lawyers were taught that equitable claims are not subject to any limitation period. These lawyers were correct, until the Limitations Act, 2002 came into force. Limitation periods are creatures of statute. The Limitations Act, R.S.O 1990, c.L.15 and its predecessors had no… Read More »
Categories: 2012 December Resolutions, Articles, Casebook, Civil Litigation, Limitation Periods, Time ManagementLawyers’ negligence actions: experts and pleadings
Ribeiro v. Van Moorlehem1: A modest dollar, successfully defended malpractice action highlights issues surrounding pleadings, expert reports, amendments and partners’ liability. In 1994 the plaintiff became partners with two brothers. Each of the three partners invested $45,000 into a business and each held one third of the shares. No sooner was the venture started, however,… Read More »
Categories: 2012 December Resolutions, Articles, Casebook, Civil LitigationAvoiding communication-based claims: some tips for litigators
Claims against litigation lawyers often involve allegations of communication errors. In this article, we consider steps that lawyers can take to avoid such claims right out of the gate – at the outset of their retainers. When we attribute a claim to a communication problem, what exactly do we mean? Here are some examples: a)… Read More »
Categories: 2012 December Resolutions, Articles, Civil Litigation, Communications Errors, Practice TipsInadequate investigation/discovery now #1 cause of claims
The devil – as they say – is in the details. And it’s the details that appear to be creating issues for lawyers when it comes to the principal underlying cause of claims. Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked… Read More »
Categories: 2012 August Checklists, Articles, Civil Litigation, Inadequate Investigation, Practice Tips, Real Estate, Wills & EstatesWhat keeps you up at night? Ontario family lawyers answer our question
Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is… Read More »
Categories: 2012 August Checklists, Articles, Family, FeaturesGetting the final document correct: The rationale for using a checklist for commercial transactions
Many commercial matters involve the preparation of one or more documents. These documents are drafted based on communications between the parties to the document and/or their respective lawyers, the specific circumstances of the matter and applicable substantive law. While the majority of commercial deals in Ontario are concluded without difficulties, all too often LAWPRO sees… Read More »
Categories: 2012 August Checklists, Articles, Checklist, Corporate Law, Features