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Limitation Periods

Litigation claims on the rise

marker drawing a line

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

Limitation Periods Charts

The Limitations Act, 2002 was passed in December 2002 and came into force on January 1, 2004. View the text of the Act from the e-Laws web site. This legislation represents a huge reform of the existing law of limitations. Lawyers are encouraged to become familiar with the provisions of the 2002 Act. For most… Read More »

Categories: Limitation Periods

Pre-2012 matters not set down will be automatically dismissed January 1, 2017

Rule 48 on calendar

As we move through September, LawPRO urges lawyers to review their litigation files and make sure they are proceeding as appropriate. The clock is ticking and time is running out! Remember, under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 will be automatically dismissed – without notice… Read More »

Categories: 2016 September A2J, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice Tips, Time Management

LAWPRO repairs in 2015: Resuscitating dismissed actions

In the past few years, LAWPRO’s claims repair program has been increasingly occupied with the work of attempting to restore actions to the trial list. Rule 48, which permits the administrative dismissal of actions for delay, has been responsible for over $10 million in claims costs over the past three years. LAWPRO in-house and defence… Read More »

Categories: 2016 May - Year in Review 2015, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Limitation Periods, Year in Review

Common practice pitfalls: How to avoid them

Man on highwire

Lawyers’ Professional Indemnity Company (LAWPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected of him or her when delivering legal services. No lawyer… Read More »

Categories: 2016 Student Issue 4, Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Law students/new lawyers, Limitation Periods, New Lawyers, Time Management

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

Warning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies

The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article discusses this new development, and touches… Read More »

Categories: 2014 September Diversity, Articles, Casebook, Civil Litigation, Failure to Know The Law, Limitation Periods

Recoveries and repairs: 2013 review

LAWPRO staff actively pursue recovery costs throughout the year. In some cases, a party other than the insured is found liable for all or part of a loss that is the subject of a claim. We take all reasonable steps to obtain reimbursement from these parties, no matter the amount, because the recovery of these… Read More »

Categories: 2014 June - Year in Review 2013, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Family, Limitation Periods, Year in Review

Know how administrative dismissal claims happen, and take 8 steps to immunize yourself against them

Rule 48 on calendar

Rule 48 claims arise when it is alleged that the dismissal of a claim was due to the lawyer’s negligence with respect to either a defended (Rule 48.14) or an undefended (48.15) action. Many of these claims have been very costly for LAWPRO. While certain Rule 48 claims can be repaired by speaking with opposing… Read More »

Categories: 2013 September practicePRO 15th, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods

Knowing when to take a stand: LAWPRO defends its insureds in 2012

knight

LAWPRO pays an indemnity to resolve a claim only in a minority of cases. In the years 2008-2012, LAWPRO made an indemnity payment in just 14.5 per cent of files, on average. However, many claims must be actively defended: over that same period, over 42 per cent of claims required the expenditure of external defence… Read More »

Categories: 2013 May - Year in Review 2012, Articles, Casebook, Civil Litigation, Limitation Periods, Personal injury, Tax, Wills & Estates
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