Civil Litigation
The clock is ticking on Rule 48 dismissals
Pre-2012 matters not set down will be automatically dismissed January 1, 2017 As we begin the New Year, it’s a good time to review your litigation files and make sure they are proceeding as appropriate. The clock is ticking! Remember, under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January… Read More »
Categories: 2016 January Indigenous, Admin dismissals/Rule 48, Articles, Civil Litigation, Features, Time ManagementDealing with a self-represented litigant who really needs legal advice
Self-represented litigants are a challenging reality in today’s legal landscape. In addition to the extra time and effort that can make dealing with a self-rep more expensive for your client and more frustrating for you, it seems there is a greater potential for a malpractice claim. This is highlighted by the number of claims LAWPRO… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Could This Happen to You?, FamilyOHIP subrogated claims
Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Failure to Know The Law, Personal injury, Practice TipsApplying old case law to the new Rule 48.14
On January 1, 2015, Rule 48.14 of the Rules of Civil Procedure was substantially amended. The first result of the amendment was that plaintiffs’ solicitors received respite from “show cause” status hearings. Status notices ceased to be issued as of January 1, 2015. Status notices received by parties prior to January 1, 2015 under the… Read More »
Categories: 2016 January Indigenous, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Time ManagementRule 48.14 Transition Toolkit helps you prevent administrative dismissal of actions
The administrative dismissal of actions for delay has caught many lawyers by surprise, and has led to several hundred claims and almost $10 million in claims costs in just three and a half years. On January 1, 2015, a welcome amendment to the administrative dismissal rule – Rule 48 – came into force. The amended… Read More »
Categories: 2015 September - Insurance Issue 2016, Admin dismissals/Rule 48, Articles, Civil Litigation, Time ManagementAccess to justice: Limited scope representation
Increasingly, legal services are moving away from the full-service model. Outsourcing document review, e-discovery, and other discrete legal services are becoming more common-place. Small practitioners and larger firms alike can offer limited scope representation, or “unbundled” representation, which let clients pick and choose when they want to engage with a lawyer during the life of… Read More »
Categories: 2015 September Blue Sky, Access to Justice, Articles, Civil Litigation, Communications Errors, Limited scope retainer/unbundling, Practice TipsLAWPRO defends lawyers: Opposing inappropriate expansion of lawyer’s scope of responsibility
Advising clients of their rights on a legal matter is a significant responsibility and lawyers have a duty to discharge it with competence and care. But when defending a negligence claim where clients seek to hold lawyers accountable for the unfavourable results of their own business or strategic decisions, LAwPRO’s defence counsel don’t hesitate to… Read More »
Categories: 2015 May - Review of 2014, Articles, Casebook, Civil Litigation, Corporate Law, Criminal Law, Real EstateRisk management strategies to reduce your risk of a claim under the new Rule 48.14
Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and more than $7 million in claims costs over the last three years, LAWPRO was happy to see old Rules 48.14 and 48.15 revoked. However, while LAWPRO believes the new rule will stem… Read More »
Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Civil Litigation, Practice Tips, Time Management20 years of LAWPRO leading cases
While Ontario lawyers will appreciate that LAWPRO defends them on legal malpractice claims, they may not appreciate the breadth of legal issues that come up in those claims. This article highlights leading or significant cases that LAWPRO litigated over the past 20 years, some of which dealt with legal issues and principles that are relevant… Read More »
Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Criminal Law, Limitation Periods, Wills & EstatesHow simple mistakes can lead to large claims
It’s easy to think that, at least in your office, a major claim couldn’t possibly happen. But LAWPRO’s experience shows that errors, innocent oversights and gaffes in any type of practice can lead to big problems. And if you or your firm don’t have adequate insurance in place to address the claim, you could be… Read More »
Categories: 2015 February - LAWPRO 20th, Articles, Civil Litigation, Corporate Law, Franchise, Inadequate Investigation, Independent Legal Advice, Personal injury, Personal Injury, Real Estate, Wills & Estates