Areas of Law
Common Limitation Period Pitfalls and How to Avoid Them
It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time ManagementStaying Out of the Conflict Zone – Recognizing and Reacting to Conflicts of Interest in Real Estate Transactions
During the course of a real estate retainer, it can be easy for a lawyer to lose sight of what constitutes a conflict of interest, as well as what one should do to avoid its pitfalls and consequences. Simply stated, a conflict of interest arises when the lawyer’s duties to a client are compromised by… Read More »
Categories: Conflicts of Interest, Real Estate, TitlePLUS, WebzineCan I see some ID? Verifying identity when the client is abroad
Receiving or transferring funds at the direction of a new or mysterious client carries serious risks. For real estate lawyers, these risks may arise regularly. If a lawyer is not careful, their trust account can become a vehicle for money laundering, fraud, and other nefarious activities by malicious clients and third parties. Sometimes it is… Read More »
Categories: Fraud, Real Estate, TitlePLUSLimitation periods: Not just for litigators
Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »
Categories: Corporate Law, Limitation Periods, WebzineResponsible delegation: Annual corporate filings and updates
Responsible and efficient delegation is an important skill for any lawyer. But there are limits as to when and how certain tasks can be delegated to non-lawyers. Recently, LAWPRO has seen situations where corporate filings are handled by administrative staff such as clerks, without specific authorization or review from a supervising lawyer. This sometimes includes… Read More »
Categories: Clerical / Delegation, Corporate Law, WebzineDivisional Court allows appeal in Milne Estate (Re) decision
We are pleased to report that the Divisional Court has allowed the appeal and set aside the orders of the Application Judge in the Milne Estate (Re) decision. The Divisional Court did not in any way criticize the use of the allocation clause and in fact noted that “the use of allocation clauses is a… Read More »
Categories: Webzine, Wills & EstatesOntario’s New Construction Act Arrives on July 1, 2018: Don’t get Caught by the Transition Rules
[This article was edited on June 7, 2018] The Construction Lien Act amendments will begin to take effect July 1, 2018. Hailing big changes to timelines, procedures and the manner in which many disputes will be resolved, the new legislation includes a gradual transition to help you avoid a misapplication of the new provisions. Among… Read More »
Categories: Articles, Construction, Limitation Periods, Practice TipsReview Your Files – The Ultimate Limitation Period is Arriving Soon
It’s here – a 15-year ultimate limitation period for claims governed by the Limitations Act 2002. As of January 3, 2019¹, actions arising from acts or omissions that occurred prior to January 1, 2004, are statute barred by virtue of s. 15 of the Limitations Act, 2002, even if these errors were not discoverable before… Read More »
Categories: Civil Litigation, Limitation Periods, WebzineStatement 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 Estate