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Real estate fraud: Keeping up the fight

Join Nadia Dalimonte, Manager, TitlePLUS Claims and Counsel, as she reviews various types of fraud, and provides tips and resources to help you avoid them. This program is eligible for 30 minutes Professionalism (applicable to the Law Society of Ontario’s CPD hours), and is approved for the LAWPRO Risk Management Credit. Here are links to… Read More »

Categories: CPD, Cyber dangers, Fraud, Real Estate

This is not a claim, but…

At LAWPRO we often get explanations from insureds as to why they feel their matter is not reportable to LAWPRO. Commonly we hear the following: “There is no claim against me. No one has commenced an action, there is no litigation. So, there is no claim”. In this article I will explain common misunderstandings about… Read More »

Categories: Criminal Law, Immigration, LAWPRO policy, Online Only

“Zombie” transfers can come back to haunt you

The bottom line: A dead person cannot convey an interest in land A “zombie” deed/transfer refers to a land transfer registered after the death of the transferor as if the transferor is still alive. There has been much debate around the use of “zombie” deeds – a recent case attempts to put the debate to… Read More »

Categories: Online Only, Real Estate

How to lessen your risk of a malpractice claim when virtually witnessing wills and powers of attorney

[Updated April 24, 2020] As part of its response to the COVID-19 pandemic, on April 7, 2020 the Government of Ontario released an emergency Order temporarily allowing the virtual execution of wills and powers of attorney by means of “audio-visual communication technology” as of that date. On April 22, 2020, a new emergency order was… Read More »

Categories: Online Only, Wills & Estates

Availability of insurance coverage for lawyers acting as executor or trustee

Estate lawyers will sometimes be called upon by a client to act as executor or trustee as part of their Professional Services. Depending on the complexity of the estate or trust, these appointments can last for years and involve a substantial time investment. As with other aspects of a legal practice, alleged errors in the… Read More »

Categories: LAWPRO policy, Online Only, Wills & Estates

Navigating the LAT Regime – Traps for unfamiliar lawyers

Even when a case falls into an area of law in which a lawyer is experienced, a new or unfamiliar administrative regime can present risks for lawyers not prepared for the particular statutory framework. Importantly, missing key details and requirements can lead to malpractice claims from inadequate investigation or communication failures with clients. The following… Read More »

Categories: 2020 January - Finding Your Way, Articles, Could This Happen to You?, Inadequate Investigation, Personal injury

Did you know that some title insurers include exceptions to fraud coverage for private lender transactions where the mortgage funds are not paid to acceptable parties?

question mark over houses

In light of the commonly held view that real estate is a safe investment, many individuals use mortgage investments to supplement income or as a means of saving for retirement. Unfortunately, a reality of the current real estate landscape is that private lenders are often the target of identity frauds. A title insurance policy generally… Read More »

Categories: 2020 January - Finding Your Way, Articles, Practice Tips, Real Estate, Title insurance

Tools for a strong foundation: Resources every real estate lawyer should know about

A successful real estate practice needs a variety of tools and resources. Here are four great resources that are a good starting place to find the right tool for whatever issues come to your practice. Real estate file management checklist: Real estate continues to be LAWPRO’s second largest claims area by count and cost, and… Read More »

Categories: 2020 January - Finding Your Way, Real Estate
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