Civil Litigation
Reminder: 60 Day Notice Requirement Under the Occupiers’ Liability Act
With much of Ontario recovering from significant snowfalls and ice storms over the holiday season, it is a good time to remind the personal injury bar of their clients’ obligations under the Occupiers’ Liability Act to provide notice within 60 days of an incident alleging injury caused by ice or snow. It has been nearly… Read More »
Categories: Civil Litigation, Limitation Periods10 tips to adapt to the new contingency fee regime
On July 1, 2021, Ontario’s contingency fees became subject to significant changes, with amendments to both the Solicitors Act and the Law Society of Ontario’s Rules of Professional Conduct coming into force. The changes will affect how contingency fees are calculated and will impact how contingency fee matters are managed from marketing and new client… Read More »
Categories: 2022 June - After Covid 19, Access to Justice, Articles, Civil Litigation, Firm Management, Marketing, RetainersToo Quick on the Buzzer: Default Judgment and the Potential Consequences of Engaging in Sharp Practice
Would-be lawyers learn the importance of professionalism and civility as outlined in the Law Society’s Rules of Professional Conduct and The Advocates’ Society Principles of Civility. However, in practice, a grey area can sometimes develop between fiercely advocating for a client and engaging in sharp practice. At LAWPRO, we’ve seen many claims relating to lawyers… Read More »
Categories: Civil Litigation, Ethics, LAWPRO policy, Online OnlyTips for Advocates
Learn from leading advocates from a range of practice areas and from LAWPRO counsel about practice trends and key advocacy tips.
Categories: Civil Litigation, CPDNew 60 Day Notice Requirement in Occupiers’ Liability Act (Injury from Snow or Ice) Overview
Bill 118, An Act to amend the Occupiers’ Liability Act, received royal assent on December 8, 2020 and came into force on January 29, 2021. The amendment introduces a new 60-day notice requirement for claims for personal injury caused by snow or ice which, if not met, will bar actions unless an exception applies. The… Read More »
Categories: Civil Litigation, Limitation Periods, Online OnlyTips to Prepare for the New Rule Changes
On January 1, 2021, significant changes to the Rules of Civil Procedure come into force. While you should review the amendments carefully, this article includes some key practical tips and an overview of the major changes. Key Practice Tips You can now serve documents by email. Confirm that your email address is up to date… Read More »
Categories: Civil Litigation, Online OnlyHow to deal with limitations periods that were suspended during the pandemic
From calls we have received from insureds, LAWPRO is aware there are questions regarding whether limitation periods and procedural deadlines were suspended during the pandemic. We have had several pandemic-related limitation period claims reported to us. This article provides some direction on how you should deal with limitation periods or procedural deadlines that may have… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time ManagementTips for calculating limitations deadlines accounting for the COVID-19 emergency suspension period
As we noted in this article, there appears to be some questioning whether limitation periods were suspended during the pandemic. LAWPRO believes these concerns are unwarranted. Further to the provisions of the original Emergency Order, and the subsequent actions and circumstances springing from it, LAWPRO believes that limitation periods and procedural deadlines were suspended. As… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time ManagementThe Dangers of Rule 49 of the Rules of Civil Procedure
Consider the following scenario: You act for a plaintiff in a Superior Court matter. On your client’s instructions, you send the opposing counsel an informal email in which you offer to settle the litigation for $100,000. You do not include an expiry date for the offer. The opposing counsel promptly rejects the offer by email… Read More »
Categories: Civil Litigation, Online OnlyTips 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 Only