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LAWPRO Magazine: 2016 January Indigenous
In This Issue of LAWPRO Magazine
Towards a new understanding
Having written my Master’s major research paper on the interaction between aboriginal title and statutory land registration systems, I have had some vicarious exposure to the experiences of Indigenous people with the law. It was an eye-opening experience to learn some of the profound differences in fundamental assumptions regarding governance, law, the land and our… Read More »
Providing high quality service to Indigenous clients
Just as the final research for this article was being completed in November, newly-elected Prime Minister Justin Trudeau announced his Cabinet, including the appointment of Jody Wilson-Raybould as Minister of Justice and Attorney General. The next morning, a cautiously hopeful mood filled the room as a group of Aboriginal lawyers gathered at the Law Society… Read More »
Potential claims related to serving Indigenous clients
We hope that January 2016 issue of LAWPRO Magazine has contributed to your understanding of the incredible breadth and complexity of “Aboriginal law.” We would not be fulfilling our risk management mandate, however, if we didn’t contribute our own perspective as claims prevention specialists. To avoid claims, lawyers need to know how they develop. What… Read More »
Four things that can lead to a denial of coverage under your LAWPRO policy
Insurance is different from other types of contracts. Besides the ongoing obligations (as described in the policy’s terms and conditions) that exist between the insurer and insured, there is also a duty of utmost good faith (uberrimae fidei, for you Latin fans). Just as an insurance carrier can’t act in bad faith in denying a… Read More »
Managing risk: Who pays for crime?
One of the questions we often get asked at LAWPRO is why certain areas of claims don’t get the full $1 million per claim amount of coverage. For example, think of how the LawPRO policy treats counterfeit certified cheques causing an overdraft, cybercrime, and intentional misbehaviour within the real estate registration system – these coverages… Read More »
10 myths about the TitlePLUS program: What you need to know
[This article and PDF were updated in Feb 2018] MYTH 1. TitlePLUS® policies¹ are more expensive TitlePLUS “plain and simple” pricing includes premium, processing fee and taxes. See this chart for the total cost of TitlePLUS policies insuring residential resale purchases: MYTH 2. Other title insurers have legal services coverage TitlePLUS purchase and mortgage policies… Read More »
The clock is ticking on Rule 48 dismissals
Pre-2012 matters not set down will be automatically dismissed January 1, 2017 As we begin the New Year, it’s a good time to review your litigation files and make sure they are proceeding as appropriate. The clock is ticking! Remember, under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January… Read More »
Dealing with a self-represented litigant who really needs legal advice
Self-represented litigants are a challenging reality in today’s legal landscape. In addition to the extra time and effort that can make dealing with a self-rep more expensive for your client and more frustrating for you, it seems there is a greater potential for a malpractice claim. This is highlighted by the number of claims LAWPRO… Read More »
OHIP subrogated claims
Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »
Applying old case law to the new Rule 48.14
On January 1, 2015, Rule 48.14 of the Rules of Civil Procedure was substantially amended. The first result of the amendment was that plaintiffs’ solicitors received respite from “show cause” status hearings. Status notices ceased to be issued as of January 1, 2015. Status notices received by parties prior to January 1, 2015 under the… Read More »
Financial success and work satisfaction – the perfect combination
There are two new titles in the practicePRO library that can help lawyers be happier in their jobs in two ways: inner fulfillment and proper compensation. Kathleen Paukert, author of The Fulfilled Lawyer: Create the Practice You Desire, doesn’t have a lot of time for the negativity she increasingly hears from lawyers about the practice… Read More »
Don’t take the bait on a spear phishing attack
By now, most lawyers are familiar with phishing attacks. For those who are not, phishing is the attempt to acquire sensitive information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in an email. They take the form of a message, allegedly from your bank or an online retailer you… Read More »
Danger: When a hacker emails you instructions in the name of your client
The determination and energy of hackers knows no bounds. They show remarkable imagination and ingenuity in coming up with ever more devious ways to steal trust funds by duping lawyers. As an example of this, we have recently seen several instances where a fraudster hacked into a client’s email with the intent to divert funds… Read More »