Areas of Law
Don’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 & EstatesWhat keeps you up at night? Ontario family lawyers answer our question
Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is… Read More »
Categories: 2012 August Checklists, Articles, Family, FeaturesGetting the final document correct: The rationale for using a checklist for commercial transactions
Many commercial matters involve the preparation of one or more documents. These documents are drafted based on communications between the parties to the document and/or their respective lawyers, the specific circumstances of the matter and applicable substantive law. While the majority of commercial deals in Ontario are concluded without difficulties, all too often LAWPRO sees… Read More »
Categories: 2012 August Checklists, Articles, Checklist, Corporate Law, FeaturesTop 10 family law developments to have on your radar
In the past 18 months, we have seen significant developments in jurisprudence on a variety of family law issues. In addition, a number of cases have come out that while not strictly related to family law, should be kept in mind. The following are the top ten noteworthy cases that every family law lawyer should… Read More »
Categories: 2012 August Checklists, Articles, FamilyLiability 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 Management