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Non-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 Estate

Landmines 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 & Estates

Recent 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, Webzine

Know 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, Webzine

Common Limitation Period Pitfalls and How to Avoid Them

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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 Management

Staying 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, Webzine

Limitation periods: Not just for litigators

hourglass

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, Webzine

Responsible 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, Webzine
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