Areas of Law
Navigating the LAT Regime – Traps for unfamiliar lawyers
Even when a case falls into an area of law in which a lawyer is experienced, a new or unfamiliar administrative regime can present risks for lawyers not prepared for the particular statutory framework. Importantly, missing key details and requirements can lead to malpractice claims from inadequate investigation or communication failures with clients. The following… Read More »
Categories: 2020 January - Finding Your Way, Articles, Could This Happen to You?, Inadequate Investigation, Personal injuryDid you know that some title insurers include exceptions to fraud coverage for private lender transactions where the mortgage funds are not paid to acceptable parties?
In light of the commonly held view that real estate is a safe investment, many individuals use mortgage investments to supplement income or as a means of saving for retirement. Unfortunately, a reality of the current real estate landscape is that private lenders are often the target of identity frauds. A title insurance policy generally… Read More »
Categories: 2020 January - Finding Your Way, Articles, Practice Tips, Real Estate, Title insuranceTools for a strong foundation: Resources every real estate lawyer should know about
A successful real estate practice needs a variety of tools and resources. Here are four great resources that are a good starting place to find the right tool for whatever issues come to your practice. Real estate file management checklist: Real estate continues to be LAWPRO’s second largest claims area by count and cost, and… Read More »
Categories: 2020 January - Finding Your Way, Real EstateFraud for Shelter Update
With housing prices on the rise, more rigorous mortgage rules, and the resulting difficulty for some Ontarians to purchase property, real estate lawyers should be mindful of fraud for shelter. Fraud for shelter differs from traditional real estate frauds. Usually in a real estate fraud, the goal is to fraudulently sell the property or to… Read More »
Categories: Fraud, Online Only, Real EstateConstruction Lien Flowchart
This detailed flowchart will help you determine which Act applies to your construction law matter. Generally, the old Act will apply where a contract for the improvement was entered into before July 1, 2018 or a “procurement process” for the improvement was commenced before July 1, 2018 by the owner. If neither of these circumstances… Read More »
Categories: Checklist, ConstructionTips for navigating the new Simplified Procedure
Significant changes to the Superior Court Simplified Procedure came into effect on January 1, 2020. Budget Bill 2019 amended section 108 of the Courts of Justice Act to eliminate trials by jury under the Simplified Procedure. Regulatory changes filed October 23, 2019 unveiled significant further changes to the Simplified Procedure as prescribed by Rule 76… Read More »
Categories: Civil Litigation, Online OnlyUpdate: Upcoming Changes to the Construction Act
By Brendan Bowles, partner at Glaholt LLP and Madalina Sontrop, associate at Glaholt LLP In the year since its enactment, Ontario’s new Construction Act has already made a noted impact on the practice of construction law in the province. The amendments to the previous Construction Lien Act (“CLA”) were to be implemented in two phases:… Read More »
Categories: Areas of Law, Construction, Online OnlyNon-Resident Sale Holdback Flowchart
Follow this flowchart when dealing with the sale of a property by a non-resident seller where there is no s.116 clearance certificate on closing. LAWPRO sees claims from the sellers and buyers lawyers who have missed or misinterpreted the obligations and liabilities which arise when a non-resident sells a property without delivering a s.116 clearance… Read More »
Categories: Checklist, Real EstateLandmines for Lawyers When Drafting Wills
When it comes to mistakes and claims, the Achilles heel for lawyers in the wills and estates area is drafting wills: Making will-drafting errors – either because of poor communication, inadequate discovery or errors in law – is the single most common issue in claims reported in this area of law. In many cases, the… Read More »
Categories: Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Wills & EstatesRecent judicial decision makes private lender mortgages (slightly) less complicated
In past years, LAWPRO has written a series of articles on potential claims exposure on private mortgages when title insurance is obtained. A recent judicial decision of the Ontario Court of Appeal resolves some ambiguity as to the implications of transferring funds in such circumstances. The problem originally arose where the lender and borrower were… Read More »
Categories: Real Estate, Title insurance, Webzine