Content Type
Demystifying condominiums with better communication
Condominium ownership has a unique set of rules and responsibilities. Helping your clients understand what they are getting into can reduce your risk of a malpractice claim. Start off on the right foot at the beginning of your relationship by sending a detailed retainer letter setting out what you will or will not be doing… Read More »
Categories: 2015 February - LAWPRO 20th, Articles, Communications Errors, Real Estate, TitlePLUSHow simple mistakes can lead to large claims
It’s easy to think that, at least in your office, a major claim couldn’t possibly happen. But LAWPRO’s experience shows that errors, innocent oversights and gaffes in any type of practice can lead to big problems. And if you or your firm don’t have adequate insurance in place to address the claim, you could be… Read More »
Categories: 2015 February - LAWPRO 20th, Articles, Civil Litigation, Corporate Law, Franchise, Inadequate Investigation, Independent Legal Advice, Personal injury, Personal Injury, Real Estate, Wills & EstatesWould you get caught in a trust vs. gift dispute when handling purchase funds?
It can be uncomfortable to talk about money. When handling real estate purchases and domestic contracts, however, lawyers can’t afford to accept purchase funds on a “no questions asked” basis. Why not? Because if purchase funds come from somebody other than the prospective owner, the doctrine of resulting trust presumes that, regardless of who is… Read More »
Categories: 2015 February - LAWPRO 20th, Articles, Could This Happen to You?, Real EstateYou may be exposed to a claim if you release a private mortgage advance to a third party
LAWPRO has become aware of a new exception to coverage in certain title insurance policies which could expose real estate practitioners to claims from their private lender clients. The issue has recently arisen in connection with private residential mortgage transactions, and in particular where the lender and borrower are separately represented, as required, because the… Read More »
Categories: Alerts, Real Estate, Title insurance, TitlePLUS2015 coverage for lawyers in private practice
Standard insurance coverage The base program Eligibility: Required of all lawyers providing services in private practice. Coverage limit: $1 million per claim/$2 million in the aggregate (i.e., for all claims made in 2017), applicable to claim expenses, indemnity payments and/or costs of repairs together. Reminder – Cybercrime coverage sublimit: The 2015 insurance program includes a… Read More »
Categories: 2014 October - Insurance Issue 2015, Articles, Errors & Omissions2015 insurance coverage for exempt lawyers
in-house corporate counsel government lawyers, educators and others not in active private practice retired lawyers, estate trustees, emeritus lawyers, judges and others no longer practising law legal aid clinic lawyers (not directly employed by Legal Aid Ontario) lawyers who engage in only occasional practice in Ontario and are resident in a Canadian jurisdiction other than… Read More »
Categories: 2014 October - Insurance Issue 2015, Articles, Errors & OmissionsAre you covered for a big claim? Consider LAWPRO Excess Insurance
With your Law Society insurance renewing January 1, it is a good time to consider your firm’s excess needs. Remember that the limits on LAWPRO’s primary program are $1 million per claim/$2 million in the aggregate. Could any of your matters lead to a malpractice claim of more than $1 million? Don’t forget to include… Read More »
Categories: 2014 October - Insurance Issue 2015, Articles, Excess, Excess insurance2015: Fifth year of premium stability
LAWPRO celebrates 20 years operating primary program Quick summary: base premium for 2015: $3,350 (unchanged since 2011) expanded range of programs approved for LAWPRO Risk Management Credit (RMC) paralegal partners now eligible for RMC savings expanded policy definitions for “employee” and “prescribed penalties” clarification of coverage for the work of non-licensee professionals in Multidisciplinary partnerships… Read More »
Categories: 2014 October - Insurance Issue 2015, Articles, Errors & OmissionsExemption eligibility for “employed” lawyers
A common fallacy is that all lawyers who work in a corporate, government, education or municipal setting will be entitled to an exemption from the requirement to pay LAWPRO premiums for the Law Society’s mandatory insurance program. Depending on the employment relationship and the nature of the work, this may not be true. To qualify… Read More »
Categories: 2014 October - Insurance Issue 2015, Articles, Errors & Omissions, LAWPRO policyAmendments to Rule 48 bring major changes to administrative dismissals
Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »
Categories: 2014 October - Insurance Issue 2015, Admin dismissals/Rule 48, Articles, Civil Litigation