Areas of Law
Statement on Re Milne Estate decision
LAWPRO is aware of the Re Milne Estate decision and we confirm that it has been appealed. We expect the appeal won’t be heard for several months. We hope the appeal decision brings clarity to how primary and secondary wills should be drafted. Lawyers that have drafted wills that may be impacted by this decision… Read More »
Categories: Alerts, Wills & EstatesReal Estate File Management Checklist
Real estate continues to be the second largest LAWPRO claims area by count and cost. Breakdown in lawyer/client communication is the most common cause of real estate claims. Even the most routine real estate transaction has many steps and the details may seem obvious but it is easy to let one or two slip through… Read More »
Categories: Areas of Law, Checklist, Content Type, Real EstateTo (mortgage) broker or not: That is the question
Case A: Lawyer M receives a call from a client who is looking for someone who will advance monies on the security of a mortgage. The lawyer gives the client the name, address and phone of a person who, lawyer M believes, does on occasion lend money on the security of a mortgage. Later, the… Read More »
Categories: Areas of Law, LAWPRO policy, Real EstateIn Defence of Our Insureds in 2017
LAWPRO defends actions against lawyers and licensed paralegals practising in every area of the law. In our February issue, we highlighted 2017 civil litigation claims. Family law A plaintiff hired a lawyer to handle certain financial matters, including the drafting of a prenuptial agreement, in preparation for her upcoming marriage. It eventually came to light… Read More »
Categories: 2018 May Year in Review 2017, Areas of Law, Articles, Casebook, Civil Litigation, Content Type, Corporate Law, Family, LAWPRO Magazine, LAWPRO Magazine Article Type, Real Estate, Tax, Year in ReviewEverything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?
For decades the existence of rent control has posed a risk to Ontario real estate lawyers acting on the purchase and mortgaging of residential rental property. The range of affected properties is immense: From a basement apartment to a rented single family house to the largest multi-residential complexes in the province, many real estate files… Read More »
Categories: 2018 May Year in Review 2017, Areas of Law, Articles, Content Type, Failure to Know The Law, Inadequate Investigation, Malpractice Errors, Real EstateImmigration Malpractice Claims Fact Sheet
The number of malpractice claims flowing from immigration matters, while not many, has been trending up in recent years. Lawyer/client miscommunications cause 42% of these claims. Immigration clients have a great deal at stake, and many pin their hopes on the efforts of lawyers who often have little control over the results of administrative decisions…. Read More »
Categories: Areas of Law, ImmigrationRule 48: Set your matter down for trial
Under Rule 48, registrars will dismiss five-year-old actions that have not been set down for trial without notice. The best strategy to pre-empt last minute catastrophes is to move files along in a timely manner and to set the matter down well within the five-year time limit. The longer a file drags on, the more… Read More »
Categories: Admin dismissals/Rule 48, Areas of Law, Civil Litigation, Malpractice Errors, TopicsAfter the event (ATE) insurance: what you need to know
After the event (ATE) insurance (a type of legal expense insurance) can help lessen the financial blow of a lost case for both the client and lawyer. Generally, the insurer will pay some amount of costs, fees, and/or disbursements should the client’s case lose. It is important to understand the specific policies and contracts involved… Read More »
Categories: Areas of Law, Civil Litigation, Communications Errors, Conflicts of Interest, Malpractice Errors, TopicsEmployment Law Malpractice Claims Fact Sheet
Labour and employment law claims have remained steady in count and cost over the past decade, consistently costing LAWPRO about $1 million dollars each year. These claims are notable for having errors of law claims that are costly in relation to their numbers. Furthermore, the emotional toll of a job loss and resulting legal fight… Read More »
Categories: Areas of Law, Content Type, FactsheetsPlanning to do real estate work? A primer on title insurance and the TitlePLUS program (2018)
If you’re planning to do any real estate work when you go into practice, you’ll soon hear about a resource used by many real estate practitioners – title insurance. It’s a type of insurance coverage that lawyers across Canada are telling their clients about to help protect them against some typical problems that might crop… Read More »
Categories: 2018 Student Issue 6, Areas of Law, Articles, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Real Estate, Student, Title insurance, TitlePLUS, Topics