Areas of Law
How to deal with limitations periods that were suspended during the pandemic
From calls we have received from insureds, LAWPRO is aware there are questions regarding whether limitation periods and procedural deadlines were suspended during the pandemic. We have had several pandemic-related limitation period claims reported to us. This article provides some direction on how you should deal with limitation periods or procedural deadlines that may have… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time ManagementTips for calculating limitations deadlines accounting for the COVID-19 emergency suspension period
As we noted in this article, there appears to be some questioning whether limitation periods were suspended during the pandemic. LAWPRO believes these concerns are unwarranted. Further to the provisions of the original Emergency Order, and the subsequent actions and circumstances springing from it, LAWPRO believes that limitation periods and procedural deadlines were suspended. As… Read More »
Categories: Civil Litigation, Limitation Periods, Online Only, Time ManagementClaims risks for commercial lawyers acting on the purchase or sale of a business (2020)
LAWPRO and the Hamilton Lawyers Association present a webinar about the risks when acting on the purchase or sale of a business
Categories: Corporate Law, CPD, Franchise, FraudReal estate fraud: Keeping up the fight (2020)
Join Nadia Dalimonte, Manager, TitlePLUS Claims and Counsel, as she reviews various types of fraud, and provides tips and resources to help you avoid them.
Categories: CPD, Cyber dangers, Fraud, Real EstateConstruction Law Resumption of Limitations Periods and Practice Management Tips
While they were initially caught by the general suspension that was retroactive to March 16th, the suspension for matters under the Construction Act was lifted for all matters on and after April 16, 2020. In effect, limitation periods were suspended from March 16, 2020 to April 16, 2020. Time ran again on April 16th, with… Read More »
Categories: Construction, Online OnlyThe Dangers of Rule 49 of the Rules of Civil Procedure
Consider the following scenario: You act for a plaintiff in a Superior Court matter. On your client’s instructions, you send the opposing counsel an informal email in which you offer to settle the litigation for $100,000. You do not include an expiry date for the offer. The opposing counsel promptly rejects the offer by email… Read More »
Categories: Civil Litigation, Online OnlyThis is not a claim, but…
At LAWPRO we often get explanations from insureds as to why they feel their matter is not reportable to LAWPRO. Commonly we hear the following: “There is no claim against me. No one has commenced an action, there is no litigation. So, there is no claim”. In this article I will explain common misunderstandings about… Read More »
Categories: Criminal Law, Immigration, LAWPRO policy, Online Only“Zombie” transfers can come back to haunt you
The bottom line: A dead person cannot convey an interest in land A “zombie” deed/transfer refers to a land transfer registered after the death of the transferor as if the transferor is still alive. There has been much debate around the use of “zombie” deeds – a recent case attempts to put the debate to… Read More »
Categories: Online Only, Real EstateHow to lessen your risk of a malpractice claim when virtually witnessing wills and powers of attorney
[Updated April 24, 2020] As part of its response to the COVID-19 pandemic, on April 7, 2020 the Government of Ontario releasedan emergency Order temporarily allowing the virtual execution of wills and powers of attorney by means of “audio-visual communication technology” as of that date. On April 22, 2020, a new emergency order was made… Read More »
Categories: Online Only, Wills & EstatesAvailability of insurance coverage for lawyers acting as executor or trustee
Estate lawyers will sometimes be called upon by a client to act as executor or trustee as part of their Professional Services. Depending on the complexity of the estate or trust, these appointments can last for years and involve a substantial time investment. As with other aspects of a legal practice, alleged errors in the… Read More »
Categories: LAWPRO policy, Online Only, Wills & Estates