Areas of Law
Can’t review your lender client’s draft title policy?
The Residential Real Estate Practice Guidelines published by the Law Society state that a lawyer should, before accepting a title insurance policy on behalf of a client, review the draft policy or binder/commitment to identify any inaccuracies or omissions, and to ensure that the promised coverage is as expected and meets the client’s needs. But… Read More »
Categories: Areas of Law, Real Estate, Title insuranceNo conviction doesn’t mean no consequences: What are the implications of criminal investigation for your clients?
For a client charged with a criminal offence, the dismissal of charges (or acquittal at trial) can be a source of immense relief. For many accused, the elation of avoiding conviction can feel like a new beginning. As a criminal lawyer, it can be difficult to throw cold water on those feelings of elation. However,… Read More »
Categories: Communications Errors, Criminal LawGladue developments and what lawyers need to know
In its 2017 budget, announced on April 27, 2017, the Ontario Liberal government pledged $44.2 million over two years for investment into justice system supports for Indigenous people, including both expansion of the Gladue court system and new services for Indigenous victims of crime. In order for these changes to make a difference, lawyers need… Read More »
Categories: Criminal Law, Indigenous clientsReport ineffective assistance allegations promptly to access expert help
In a recent article in Advocate Daily, writer Peter Small reported on criminal lawyer Lindsay Daviau’s recommendation that lawyers call LAWPRO promptly upon learning that a former client has alleged ineffective assistance by trial counsel as a ground for appeal. Daviau has been retained by LAWPRO in the past to represent lawyers facing these kinds… Read More »
Categories: Criminal LawCriminal charges and family breakdown: Resources for growing your understanding of the impacts
At the OBA’s solo and small firm conference a few years ago, lawyer Russell Alexander gave this advice to family lawyers: know a criminal lawyer – one you trust and can recommend with confidence. His reason? Family law clients sometimes get arrested. When they do, and they’re cautioned, the family lawyer’s number is the one… Read More »
Categories: Criminal Law, FamilyConditional sentences don’t count as imprisonment for purpose of “serious criminality” deportations
In its unanimous decision in Tran v. Canada (Public Safety and Emergency Preparedness), released on October 19, the Supreme Court of Canada confirmed that a 12-month conditional sentence is not equivalent to imprisonment for the purpose of s. 36(1)(a) of the Immigration and Refugee Protection Act (IRPA). The IRPA allows Canada to deport a permanent… Read More »
Categories: Criminal LawBusiness law changes and claims trends in corporate, commercial and IP
Lawyers practising corporate and commercial law must keep up with a dizzying list of statutes and regulations, many of which are undergoing a long-awaited renewal. However, when it comes to avoiding claims, old school skills like lawyer-client communication, proofreading, and staying organized still offer the best protection. Have you tried our commercial transaction checklist? This… Read More »
Categories: Corporate LawCivil litigation levies evolve to reflect risks
No lawyer in private practice is immune to professional indemnity claims. However, over 20 years’ experience insuring the Ontario bar has made it clear to LAWPRO analysts that claims risk varies with area of practice. Lawyers who practise real estate or civil litigation face a significantly higher risk of claims than those who practise in… Read More »
Categories: 2017 September - Insurance Issue 2018, Articles, Civil Litigation, Content Type, Errors & OmissionsReflections on technology changes in real estate practice
Facilitating transfers of real estate has been the bread-and-butter of thousands of Ontario lawyers for generations. Despite occasional market wobbles, real estate business has helped firms to flourish in communities of all sizes, often supporting the delivery of family, estates, commercial and even criminal law services. Healthy real estate practices support both lawyers’ own families… Read More »
Categories: 2017 August Managing Change, Areas of Law, Articles, Clerical / Delegation, Communications Errors, Cyber dangers, Features, Inadequate Investigation, LAWPRO Magazine Article Type, Legal Technology, Real Estate, Time Management, TopicsLitigation claims on the rise
In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »
Categories: 2017 August Managing Change, Admin dismissals/Rule 48, Areas of Law, Articles, Civil Litigation, Communications Errors, Content Type, Dabbling, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Time Management