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Common HST errors in real estate transactions
Determining HST-applicability to real estate transactions can be more complicated than many lawyers assume. What’s more, a lack of clarity and errors can often lead to substantial unforeseen costs for clients. This is a dangerous combination from a claims perspective. This paper will discuss the common categories of HST errors and provide tips on how… Read More »
Categories: Online Only, Real EstateWatch for real estate frauds involving private mortgages
In a hot real estate market fraudsters are even more motivated than usual – there is a lot of money to be had and lawyers are common targets. LAWPRO is seeing a significant increase in the number of real estate frauds involving private mortgages. The frauds we are seeing are incredibly sophisticated. In some cases,… Read More »
Categories: Fraud, Online Only, Real EstateWhen You Get a Call About a Will You Drafted… What Is Your Next Step?
You’re sitting at your desk on a typical weekday afternoon when, out of the blue, you get a call related to a will file. As soon as this happens, be wary. Your first instinct may be to try to help. But calls around wills you’ve prepared raise issues around confidentiality and privilege. Trying to recall… Read More »
Categories: LAWPRO policy, Online Only, Wills & EstatesIneffective Assistance of Counsel Claims – LAWPRO is here to help
The appeal ground of ineffective assistance by trial counsel is steadily on the rise, as most recently demonstrated by the Ontario Court of Appeal case R. v. Trought, 2021 ONCA 379. Lawyers need to know how to best protect themselves while complying with their ethical responsibilities to their former clients. The first step is to… Read More »
Categories: Criminal Law, Online OnlyNew 60 Day Notice Requirement in Occupiers’ Liability Act (Injury from Snow or Ice) Overview
Bill 118, An Act to amend the Occupiers’ Liability Act, received royal assent on December 8, 2020 and came into force on January 29, 2021. The amendment introduces a new 60-day notice requirement for claims for personal injury caused by snow or ice which, if not met, will bar actions unless an exception applies. The… Read More »
Categories: Civil Litigation, Limitation Periods, Online OnlyTips to Prepare for the New Rule Changes
On January 1, 2021, significant changes to the Rules of Civil Procedure come into force. While you should review the amendments carefully, this article includes some key practical tips and an overview of the major changes. Key Practice Tips You can now serve documents by email. Confirm that your email address is up to date… Read More »
Categories: Civil Litigation, Online OnlyHow to deal with limitations periods that were suspended during the pandemic
From calls we have received from insureds, LAWPRO is aware there are questions regarding whether limitation periods and procedural deadlines were suspended during the pandemic. We have had several pandemic-related limitation period claims reported to us. This article provides some direction on how you should deal with limitation periods or procedural deadlines that may have… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time ManagementTips for calculating limitations deadlines accounting for the COVID-19 emergency suspension period
As we noted in this article, there appears to be some questioning whether limitation periods were suspended during the pandemic. LAWPRO believes these concerns are unwarranted. Further to the provisions of the original Emergency Order, and the subsequent actions and circumstances springing from it, LAWPRO believes that limitation periods and procedural deadlines were suspended. As… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time ManagementConstruction Law Resumption of Limitations Periods and Practice Management Tips
While they were initially caught by the general suspension that was retroactive to March 16th, the suspension for matters under the Construction Act was lifted for all matters on and after April 16, 2020. In effect, limitation periods were suspended from March 16, 2020 to April 16, 2020. Time ran again on April 16th, with… Read More »
Categories: Construction, Online OnlyThe Dangers of Rule 49 of the Rules of Civil Procedure
Consider the following scenario: You act for a plaintiff in a Superior Court matter. On your client’s instructions, you send the opposing counsel an informal email in which you offer to settle the litigation for $100,000. You do not include an expiry date for the offer. The opposing counsel promptly rejects the offer by email… Read More »
Categories: Civil Litigation, Online Only