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Tips to Prepare for the New Rule Changes
On January 1, 2021, significant changes to the Rules of Civil Procedure come into force. While you should review the amendments carefully, this article include some key practical tips and an overview of the major changes. Key Practice Tips You can now serve documents by email. Confirm that your email address is up to date… Read More »
Categories: Civil Litigation, Online OnlyHow 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 ManagementA holiday tradition the pandemic won’t stop this year: frauds targeting lawyers
A holiday tradition the pandemic won’t stop this year: frauds targeting lawyers The pandemic means we won’t be able to fill our December holidays with the familial gatherings and other joyful celebrations to which we are accustomed. But even though many holiday activities and events are cancelled, there is one annual tradition that likely won’t… Read More »
Categories: Cyber dangers, Fraud, Online OnlyTips for Keeping Up With the Law
A claim from a failure to know or apply the law arises when a lawyer does not have sufficient or current knowledge of the relevant law on the matter on which he or she is working. While not as common a claims cause as people think, it is still important to make sure you have… Read More »
Categories: Failure to Know The Law, Online OnlyAvoid inadequate investigation claims
We often see claims related to lawyers who have not uncovered all the facts or developed a sufficient understanding of a client’s matter. These claims go to the very core of what lawyers are supposed to do for their clients – give legal advice based on the client’s specific situation – and involve the lawyer… Read More »
Categories: Inadequate Investigation, Online OnlyConstruction 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 Estate