Areas of Law
“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 EstateHow 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 & EstatesAvailability 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 & EstatesNavigating 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 injuryDid 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?
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 insuranceTools 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 EstateFraud for Shelter Update
With housing prices on the rise, more rigorous mortgage rules, and the resulting difficulty for some Ontarians to purchase property, real estate lawyers should be mindful of fraud for shelter. Fraud for shelter differs from traditional real estate frauds. Usually in a real estate fraud, the goal is to fraudulently sell the property or to… Read More »
Categories: Fraud, Online Only, Real EstateConstruction Lien Flowchart
This detailed flowchart will help you determine which Act applies to your construction law matter. Generally, the old Act will apply where a contract for the improvement was entered into before July 1, 2018 or a “procurement process” for the improvement was commenced before July 1, 2018 by the owner. If neither of these circumstances… Read More »
Categories: Checklist, ConstructionTips for navigating the new Simplified Procedure
Significant changes to the Superior Court Simplified Procedure came into effect on January 1, 2020. Budget Bill 2019 amended section 108 of the Courts of Justice Act to eliminate trials by jury under the Simplified Procedure. Regulatory changes filed October 23, 2019 unveiled significant further changes to the Simplified Procedure as prescribed by Rule 76… Read More »
Categories: Civil Litigation, Online OnlyUpdate: Upcoming Changes to the Construction Act
By Brendan Bowles, partner at Glaholt LLP and Madalina Sontrop, associate at Glaholt LLP In the year since its enactment, Ontario’s new Construction Act has already made a noted impact on the practice of construction law in the province. The amendments to the previous Construction Lien Act (“CLA”) were to be implemented in two phases:… Read More »
Categories: Areas of Law, Construction, Online Only