Areas of Law
Construction 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 come 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 OnlyNon-Resident Sale Holdback Flowchart
Follow this flowchart when dealing with the sale of a property by a non-resident seller where there is no s.116 clearance certificate on closing. LAWPRO sees claims from the sellers and buyers lawyers who have missed or misinterpreted the obligations and liabilities which arise when a non-resident sells a property without delivering a s.116 clearance… Read More »
Categories: Checklist, Real EstateLandmines for Lawyers When Drafting Wills
When it comes to mistakes and claims, the Achilles heel for lawyers in the wills and estates area is drafting wills: Making will-drafting errors – either because of poor communication, inadequate discovery or errors in law – is the single most common issue in claims reported in this area of law. In many cases, the… Read More »
Categories: Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Wills & EstatesRecent judicial decision makes private lender mortgages (slightly) less complicated
In past years, LAWPRO has written a series of articles on potential claims exposure on private mortgages when title insurance is obtained. A recent judicial decision of the Ontario Court of Appeal resolves some ambiguity as to the implications of transferring funds in such circumstances. The problem originally arose where the lender and borrower were… Read More »
Categories: Real Estate, Title insurance, WebzineKnow thy property: Four easily avoidable errors made before closing real estate transactions
When closing a real estate deal, there is limited time to address numerous legal and practical issues. Just getting a transaction across the finish line can often seem like a feat worthy of celebration. But getting past closing doesn’t bring closure if title errors are discovered after the fact. And even small errors can create… Read More »
Categories: Real Estate, WebzineCommon 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, TitlePLUS