Areas of Law
Immigration 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, TopicsEverything 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: Areas of Law, Articles, Content Type, Failure to Know The Law, Inadequate Investigation, Malpractice Errors, Real EstateEnding well means starting right: The family law intake process
The most critical step in any family law case is when clients meet with prospective counsel. That meeting establishes the nature of the relationship, a preliminary game-plan, and each party’s expectations of the other. Most clients approach that inaugural meeting with considerable anxiety. Most have never dealt with a lawyer, and certainly not with respect… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Communications Errors, Content Type, Difficult clients, Family, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Practice Tips, Retainers, TopicsCivil litigation claims: What we saw in 2017
Claims against litigators are the largest area-of-law subset in LAWPRO’s claims portfolio. The rate of increase in claims in this area outstrips all others, and is an increasing source of concern.In the past two years, we have focused on the claims impact of the changes to Rule 48 of the Rules of Civil Procedure. Judgments… Read More »
Categories: 2018 February Top Legal Disruptions, Admin dismissals/Rule 48, Areas of Law, Articles, Casebook, Civil Litigation, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Malpractice Errors, Time Management, TopicsRecognizing the red flags of real estate scams involving corporate identity theft
Frauds targeting real estate lawyers are getting ever more sophisticated. LAWPRO has seen several attempted frauds involving corporate identity theft. The properties involved may be commercial or residential, but are always owned by a corporation. How these frauds work These frauds start with the fraudsters changing or stealing the identity of corporate property owners. This… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Content Type, Fraud, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Real Estate, Title insurance, TitlePLUS, TopicsMake sure clients aren’t caught off guard by the Rental Fairness Act
On April 27, 2017 the Province of Ontario amended the Residential Tenancies Act, 2006 (RTA) with the introduction of the Rental Fairness Act. Some of the changes to the RTA are already fully in force, others will come into play in 2018. The amendments to the RTA affect every residential tenancy in Ontario to different… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Content Type, Could This Happen to You?, Failure to Know The Law, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Real Estate, Topics