Areas of Law
Potential claims related to serving Indigenous clients
We hope that January 2016 issue of LAWPRO Magazine has contributed to your understanding of the incredible breadth and complexity of “Aboriginal law.” We would not be fulfilling our risk management mandate, however, if we didn’t contribute our own perspective as claims prevention specialists. To avoid claims, lawyers need to know how they develop. What… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clients, Practice Tips10 myths about the TitlePLUS program: What you need to know
[This article and PDF were updated in Feb 2018] MYTH 1. TitlePLUS® policies¹ are more expensive TitlePLUS “plain and simple” pricing includes premium, processing fee and taxes. See this chart for the total cost of TitlePLUS policies insuring residential resale purchases: MYTH 2. Other title insurers have legal services coverage TitlePLUS purchase and mortgage policies… Read More »
Categories: 2016 January Indigenous, Real Estate, TitlePLUSThe 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 ManagementDon’t worry about minor differences in title insurance policy terms – if you choose the right policy
We know that it is important to review the coverages, exclusions and specific exceptions in title insurance policies with clients. However, with respect to standard policy coverages (provided they are not affected by any property-specific exceptions), lawyers should be aware that the nature of Legal Service Coverage in TitlePLUS policies makes differences in these coverages… Read More »
Categories: 2015 September Blue Sky, Articles, Real Estate, Title insurance, TitlePLUSAccess 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 TipsREPCO reduction reflects commitment to risk-rating
Real estate and civil litigation continue to be the areas of practice with the highest claims, both in terms of count and cost. However, real estate claims based on the registration of fraudulent instruments under the Land Titles Act where the claim would otherwise be excluded from coverage due to the dishonesty of the insured… Read More »
Categories: 2015 September - Insurance Issue 2016, Articles, Errors & Omissions, LAWPRO policy, Real Estate