Civil Litigation
Amendments to Rule 48 bring major changes to administrative dismissals
Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »
Categories: 2014 October - Insurance Issue 2015, Admin dismissals/Rule 48, Articles, Civil LitigationManage malpractice risk by recognizing cultural diversity
In the social realm, cultural differences can be awkward for those on both sides; but in the context of legal services, cross-cultural misunderstandings and other culture-related factors can occasionally lead to malpractice claims against lawyers. The good news: claims with a cultural component are easily preventable as they tend to reflect certain recurring themes. One… Read More »
Categories: 2014 September Diversity, Articles, Civil Litigation, Communications Errors, Criminal Law, Diversity, Practice Tips, Real EstateWarning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies
The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article discusses this new development, and touches… Read More »
Categories: 2014 September Diversity, Articles, Casebook, Civil Litigation, Failure to Know The Law, Limitation PeriodsRecoveries and repairs: 2013 review
LAWPRO staff actively pursue recovery costs throughout the year. In some cases, a party other than the insured is found liable for all or part of a loss that is the subject of a claim. We take all reasonable steps to obtain reimbursement from these parties, no matter the amount, because the recovery of these… Read More »
Categories: 2014 June - Year in Review 2013, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Family, Limitation Periods, Year in ReviewResolve to get your practice off to the best possible start
Professional liability claims can take the wind out of the sails of anyone’s legal career, but can be especially demoralizing for a new lawyer. Your best chance at avoiding claims is to develop great working habits right from the start. Here are some practice ‘resolutions’ that you may want to consider. Want more? Read the… Read More »
Categories: 2014 Student Issue 2, Articles, Civil Litigation, Communications Errors, Corporate Law, Criminal Law, Family, Law students/new lawyers, Legal Careers, New Lawyers, Real Estate, Wellness, Wills & EstatesNon-disclosure of Pierringer agreement amounts – is there a “way out” for LAWPRO insureds?
“Pierringer” agreements allow one or more defendants in a multi-defendant proceeding to settle with the plaintiff, leaving the remaining defendants responsible only for the loss they actually caused. In Sable Offshore Energy Inc. v. Ameron International Corp., 2013 SCC 37, the Supreme Court of Canada held that the financial terms of a Pierringer settlement need… Read More »
Categories: Areas of Law, Articles, Civil Litigation, Content TypeKnow how administrative dismissal claims happen, and take 8 steps to immunize yourself against them
Rule 48 claims arise when it is alleged that the dismissal of a claim was due to the lawyer’s negligence with respect to either a defended (Rule 48.14) or an undefended (48.15) action. Many of these claims have been very costly for LAWPRO. While certain Rule 48 claims can be repaired by speaking with opposing… Read More »
Categories: 2013 September practicePRO 15th, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation PeriodsLAWPRO works with lawyers to correct errors and minimize losses
“Repair” work − steps taken to correct an error or problem to minimize or avoid claims costs − is an important part of LAWPRO’s claims portfolio. Depending on the nature of the error, LAWPRO may take these steps directly, or provide support while the insured conducts a “self-repair”. The most commonly-repaired claims are in the… Read More »
Categories: 2013 May - Year in Review 2012, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Wills & Estates