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Document intentions behind inter vivos transfers

There is a wide range of reasons behind individuals’ decisions to transfer ownership of property. Unfortunately, legal presumptions about transfers don’t always align well with the transferor’s intentions, which can lead to unexpected results. Transfers that are intended to be gifts may be treated as trusts in favour of the transferor; or transfers made for… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Malpractice Errors, Wills & Estates

Ask critical questions to head off will challenges

We all know it’s impossible to write an effective will for a client without investigating the details of the client’s circumstances and estate. While this conclusion may seem trite, in recent years LAWPRO has seen an average of 60 claims per year alleging that the lawyer did not investigate key details. This specific error has… Read More »

Categories: Areas of Law, Articles, Communications Errors, Content Type, Inadequate Investigation, Wills & Estates

Are you ready for the Estate Information Return?

In 2011, amendments were made to the Estate Administration Tax Act (EATA). The major amendment was to impose on the Estate Representative the obligation to provide financial information about the estate to the Ministry of Finance. The financial information is used by the Ministry to confirm that the appropriate estate tax has been paid by… Read More »

Categories: Areas of Law, Articles, Content Type, Wills & Estates

Risk management strategies to reduce your risk of a claim under the new Rule 48.14

Rule 48 on calendar

Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and more than $7 million in claims costs over the last three years, LAWPRO was happy to see old Rules 48.14 and 48.15 revoked. However, while LAWPRO believes the new rule will stem… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Civil Litigation, Practice Tips, Time Management

From crisis to innovation: 20 years of LAWPRO professional liability insurance

20 years of lawpro magazine cover

Twenty years ago, an investigative task force appointed by the Law Society of Upper Canada made a sobering discovery: the fund established to pay for professional indemnity claims against Ontario lawyers was underfunded by over $200 million dollars. The resulting crisis presented the bar in Ontario with one of the most serious challenges in its history…. Read More »

Categories: 2015 February - LAWPRO 20th, Articles, Errors & Omissions, Features, LAWPRO policy

20 years of LAWPRO leading cases

20 years of lawpro magazine cover

While Ontario lawyers will appreciate that LAWPRO defends them on legal malpractice claims, they may not appreciate the breadth of legal issues that come up in those claims. This article highlights leading or significant cases that LAWPRO litigated over the past 20 years, some of which dealt with legal issues and principles that are relevant… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Criminal Law, Limitation Periods, Wills & Estates

Don’t get duped: 20 red flags of bad cheque fraud you should recognize

Lawyers in all areas of practice continue to be the frequent targets of bad cheque scams. These scams involve debt collections, business loans, IP licensing disputes or spousal support payments. While it appears Ontario lawyers are increasingly aware of these frauds, occasionally some are being duped into disbursing funds on a bad cheque they have… Read More »

Categories: 2015 February - LAWPRO 20th, Articles, Cyber dangers, Fraud, Practice Tips

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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