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Admin dismissals/Rule 48

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

Rule 48.14 Transition Training PowerPoint

The new Rule 48.14, which became effective on January 1, 2015, brought significant changes to the administrative dismissal regime in Ontario. LAWPRO encourages all lawyers to familiarize themselves with the requirements under the new Rule 48.14 and make necessary changes to internal firm systems and processes. Please keep in mind the most significant change under… Read More »

Categories: Admin dismissals/Rule 48, Civil Litigation, Toolkit

5 year rolling administrative dismissal date: Rule 48 after January 1, 2017

Man running from boulder

LawPRO reminds lawyers that on a rolling basis beginning January 1, 2017, matters commenced on or after January 1, 2012 will be automatically dismissed five years after they were commenced. Remember, the courts will dismiss actions without sending notices of any type to parties or their lawyers. Update internal firm systems to tickle all relevant… Read More »

Categories: 2017 February Neuroscience, Admin dismissals/Rule 48, Areas of Law, Civil Litigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Personal injury, Practice Tips, Time Management

Common practice pitfalls: How to avoid them

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 when delivering legal services. No lawyer is immune to a… Read More »

Categories: 2017 Student Issue No 5, Admin dismissals/Rule 48, Articles, Communications Errors, Features, Inadequate Investigation, Law students/new lawyers, Time Management

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

The clock is ticking on Rule 48 dismissals

stopwatch

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 »

Categories: 2016 January Indigenous, Admin dismissals/Rule 48, Articles, Civil Litigation, Features, Time Management
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