Civil Litigation
Rule 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, 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, TopicsCivil litigation levies evolve to reflect risks
No lawyer in private practice is immune to professional indemnity claims. However, over 20 years’ experience insuring the Ontario bar has made it clear to LAWPRO analysts that claims risk varies with area of practice. Lawyers who practise real estate or civil litigation face a significantly higher risk of claims than those who practise in… Read More »
Categories: 2017 September - Insurance Issue 2018, Articles, Civil Litigation, Content Type, Errors & OmissionsLitigation claims on the rise
In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »
Categories: 2017 August Managing Change, Admin dismissals/Rule 48, Areas of Law, Articles, Civil Litigation, Communications Errors, Content Type, Dabbling, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Time ManagementRule 48.14 Transition Training PowerPoint
The new Rule 48.14, which became effective on January 1, 2015, brought significant changes to the administrative dismissal regime in Ontario. LAWPRO encourages all lawyers to familiarize themselves with the requirements under the new Rule 48.14 and make necessary changes to internal firm systems and processes. Please keep in mind the most significant change under… Read More »
Categories: Admin dismissals/Rule 48, Civil Litigation, ToolkitRule 48.14 File Progress Plan Precedent
Litigation matters proceed at different rates, and the scheduling and timing of the various steps are fluid. When looking at a file, it can be challenging to know or determine what stage the litigation is at, what has been done, and what needs doing. LAWPRO’s File Progress Plan precedent (PDF format and Word format) can… Read More »
Categories: Admin dismissals/Rule 48, Civil Litigation, PrecedentsRule 48.14 Individual File Checklist
At the individual file level, there are many tasks and deadlines that are handled directly by lawyers and staff. Lawyers and staff play an essential part in making sure work is proceeding and that tasks are not missed. It is important to make sure that the critical deadlines under the new Rule 48.14 are noted… Read More »
Categories: Admin dismissals/Rule 48, Checklist, Civil LitigationRule 48.14 Firm Transition Checklist
While tasks and deadlines are handled by lawyers and staff working on individual files, firm systems and processes are critical to ensuring deadlines are not missed and that files are kept moving. The changed deadlines and processes under the new Rule 48.14 introduce new claims risks that may trap the unwary lawyer. Please keep in… Read More »
Categories: Admin dismissals/Rule 48, Checklist, Civil LitigationRetainers
Model retainers and agreements are provided by LAWPRO for your consideration and use when you draft your own documents. They are not meant to be used “as is”. Their suitability will depend upon a number of factors, such as the current state of the law and practice in each area of law, your writing style,… Read More »
Categories: Civil Litigation, Precedents