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Limited scope representation: With the right safeguards, possibilities abound

man running up steps being drawn

A self-represented family law litigant anxiously prepares for a hearing, which can resolve months, if not years, of anxiety, and determine the litigant’s financial and family affairs in the near future. Retaining a lawyer from cradle to grave is out of budget for this litigant. What to do? Relief is around the corner – a… Read More »

Categories: 2016 September A2J, Access to Justice, Articles, Civil Litigation, Communications Errors, Family, Features, Inadequate Investigation, Limited scope retainer/unbundling

Alternative fee arrangements in litigation

hands shaking

In recent years more focus has turned to alternative fee arrangements as a way to offer clients more predictable costs and affordable legal services. Hughes Amys LLP, based out of Hamilton and Toronto, offers alternative fee arrangements which have proven successful for them. Here is a look at how they’ve done it. “We’ve been doing… Read More »

Categories: 2016 September A2J, Articles, Civil Litigation, Features, Finances, Retainers

Pre-2012 matters not set down will be automatically dismissed January 1, 2017

Rule 48 on calendar

As we move through September, LawPRO urges lawyers to review their litigation files and make sure they are proceeding as appropriate. The clock is ticking and time is running out! Remember, under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 will be automatically dismissed – without notice… Read More »

Categories: 2016 September A2J, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice Tips, Time Management

Is your purchaser client entitled to an HST New Housing Rebate?

Canada’s HST New Housing Rebate program, created under s. 254 of the Excise Tax Act, offers significant economic relief to qualifying purchasers of qualifying properties. However, the eligibility criteria are complicated, and have been strictly applied by courts. To avoid claims based on a client’s non-receipt of the rebate (or on having had it clawed… Read More »

Categories: Areas of Law, Articles, Content Type, Real Estate

LAWPRO repairs in 2015: Resuscitating dismissed actions

In the past few years, LAWPRO’s claims repair program has been increasingly occupied with the work of attempting to restore actions to the trial list. Rule 48, which permits the administrative dismissal of actions for delay, has been responsible for over $10 million in claims costs over the past three years. LAWPRO in-house and defence… Read More »

Categories: 2016 May - Year in Review 2015, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Limitation Periods, Year in Review

LAWPRO defends its insureds in 2015

knight

When identifying cases that merit a formal defence (or appeal), LAWPRO counsel consider a range of strategic factors, including whether the case has the potential to alter the standard of care applicable to professional legal services. This article summarizes a sampling of those claims in defence of which we went to court in 2015. Family… Read More »

Categories: 2016 May - Year in Review 2015, Articles, Casebook, Civil Litigation, Family, Real Estate, Year in Review

TitlePLUS program update: We’re listening

The theme for 2015 has been listening to our subscribers, customers and stakeholders. In 2015, the TitlePLUS program responded to requests and client needs with a number of improvements to products and services. Higher policy amounts For those doing higher value deals, we worked to introduce higher policy amounts. The following options are now available:… Read More »

Categories: 2016 May - Year in Review 2015, Articles, Real Estate, TitlePLUS

Providing high quality service to Indigenous clients

Just as the final research for this article was being completed in November, newly-elected Prime Minister Justin Trudeau announced his Cabinet, including the appointment of Jody Wilson-Raybould as Minister of Justice and Attorney General. The next morning, a cautiously hopeful mood filled the room as a group of Aboriginal lawyers gathered at the Law Society… Read More »

Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Dabbling, Diversity, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clients

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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