Civil Litigation
LAWPRO 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 & EstatesKnowing when to take a stand: LAWPRO defends its insureds in 2012
LAWPRO pays an indemnity to resolve a claim only in a minority of cases. In the years 2008-2012, LAWPRO made an indemnity payment in just 14.5 per cent of files, on average. However, many claims must be actively defended: over that same period, over 42 per cent of claims required the expenditure of external defence… Read More »
Categories: 2013 May - Year in Review 2012, Articles, Casebook, Civil Litigation, Limitation Periods, Personal injury, Tax, Wills & EstatesNew Year’s resolutions for a healthier law practice and a new you
The start of a new year is a time for self-reflection and self-improvement. Many of you will think about making changes in your personal and work lives. But while you all have good intentions, it can be difficult to break old habits, especially when you are running hard on the treadmill of a busy life… Read More »
Categories: 2012 December Resolutions, Articles, Civil Litigation, Corporate Law, Criminal Law, Family, Features, Finances, Legal Technology, Marketing, Practice Tips, Real Estate, Time Management, Wellness, Wills & EstatesDon’t be trapped by old habits of thought – The limitation period for equitable claims is now two years
It is difficult to let go of fundamental principles. Many generations of Ontario lawyers were taught that equitable claims are not subject to any limitation period. These lawyers were correct, until the Limitations Act, 2002 came into force. Limitation periods are creatures of statute. The Limitations Act, R.S.O 1990, c.L.15 and its predecessors had no… Read More »
Categories: 2012 December Resolutions, Articles, Casebook, Civil Litigation, Limitation Periods, Time ManagementLawyers’ negligence actions: experts and pleadings
Ribeiro v. Van Moorlehem1: A modest dollar, successfully defended malpractice action highlights issues surrounding pleadings, expert reports, amendments and partners’ liability. In 1994 the plaintiff became partners with two brothers. Each of the three partners invested $45,000 into a business and each held one third of the shares. No sooner was the venture started, however,… Read More »
Categories: 2012 December Resolutions, Articles, Casebook, Civil LitigationAvoiding communication-based claims: some tips for litigators
Claims against litigation lawyers often involve allegations of communication errors. In this article, we consider steps that lawyers can take to avoid such claims right out of the gate – at the outset of their retainers. When we attribute a claim to a communication problem, what exactly do we mean? Here are some examples: a)… Read More »
Categories: 2012 December Resolutions, Articles, Civil Litigation, Communications Errors, Practice TipsInadequate investigation/discovery now #1 cause of claims
The devil – as they say – is in the details. And it’s the details that appear to be creating issues for lawyers when it comes to the principal underlying cause of claims. Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked… Read More »
Categories: 2012 August Checklists, Articles, Civil Litigation, Inadequate Investigation, Practice Tips, Real Estate, Wills & EstatesLiability for client costs: Protect yourself
A recent Court of appeal decision, Attis v. Ontario1, has provided clarity on the issue of when counsel will be held personally responsible for legal costs ordered against a client. although Attis deals with this issue in the context of a class proceeding, the decision underscores the importance of certain “best practices” that can be applied… Read More »
Categories: 2012 August Checklists, Articles, Casebook, Civil Litigation, Practice TipsLessons learned: The Limitations Act, 2002
Recent case law applying the Limitations Act, 2002 contains essential lessons and warnings for the profession. This article is a summary of these matters and what they mean for the practising bar. It really is a catch-all statute… Don’t forget that subject to certain expressly stated exceptions, the Limitations Act, 2002 is a broadly worded,… Read More »
Categories: 2012 August Checklists, Articles, Casebook, Civil Litigation, Limitation Periods, Time ManagementHow remedial action by LAWPRO saves the bar millions
Timely efforts by LAWPRO to “repair” errors committed by lawyers save the Ontario bar millions of dollars every year. 1. Setting aside Registrars’ administrative dismissal orders (Rule 48) Defended actions (Rule 48.14): Judicial discretion to set aside dismissal is unpredictable Registrars’ orders dismissing actions under Rule 48 have become common. In some cases, we were… Read More »
Categories: 2012 May/June - Year in Review 2011, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation