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Intellectual Property Law Claims: Key Insights and Practical Risk Management Tips
Working in IP law requires meticulous attention to detail and proactive management of deadlines, documentation, and communication. In Ontario, the average IP claim costs about $45,000, and some claims can arise as late as 14 years after the original work was performed. With around 45 claims reported to LAWPRO annually, it is vital for IP… Read More »
Categories: Intellectual Property, Online OnlyWhen a Law Firm Gets Hacked: A Case Study in Cybersecurity Risks and Recovery
As cyberattacks become increasingly sophisticated and prevalent, law firms are emerging as targets due to the highly sensitive nature of their data and pools of money. Law firms can hold a wealth of confidential data, including client identities, case details, and proprietary legal strategies, making them prime candidates for cybercriminals seeking to exploit this valuable… Read More »
Categories: Cyber dangers, Disaster Planning, Fraud, Online OnlyVerify the withdrawals from your accounts
LAWPRO has received claims from lawyers who fell victim to fraudsters diverting and depositing cheques meant for their clients. In two cases to date, lawyers issued cheques to their clients as part of their professional services. However, in both cases, an identical amount was withdrawn from the lawyer’s trust account but payable to a third… Read More »
Categories: Fraud, Online OnlySeparated but Not Divorced: Key Considerations for Wills
Amendments to the Succession Law Reform Act in 2021 (specifically to section 17 and 43.1) mean that, as of January 1, 2025, spouses who have been living separately and apart due to a breakdown in marriage for three years will be treated the same as divorced spouses. In practical terms: Gifts left to the separated… Read More »
Categories: Online Only, Wills & EstatesWhen ILA isn’t
This is a story of what seemed like a simple independent legal advice (ILA) matter that turned out to be more complicated than it looked. The claim story A lender sought ILA about a loan that he wanted to advance to a friend. The friend intended to use the money to purchase additional shares in… Read More »
Categories: Independent Legal Advice, Online OnlyNavigating NOSIs and PPSA: A practical approach for lawyers
Real estate lawyers’ due diligence requirements have changed since the Ontario ban on filing a notice of security interest (NOSI) on financed or leased consumer goods/fixtures in Ontario. This article by LAWPRO’s Ray Leclair provides guidance on avoiding unsatisfied clients and understanding secured party claims against a seller’s goods and fixtures registered under the PPSA.
Categories: Online Only, Real EstateEstates and Limitation Periods – Recent case decision
Navigating limitation periods is a critical aspect of legal practice in Ontario and lawyers are often faced with the challenge of determining which legislation applies to their clients’ cases. In a recent case, the Ontario Court of Appeal ruled that the two-year limitation period under the Trustee Act applied to the respondent’s equitable trust claim… Read More »
Categories: Limitation Periods, Online Only, Wills & EstatesNotice of Security Interest (NOSI) ban effective June 6, 2024
The Ontario Government has passed Bill 200, the Homeowner Protection Act, 2024, in the Legislative Assembly of Ontario, which received Royal Assent on June 6, 2024. The Personal Property Security Act was amended to specify that a notice of security interest (NOSI) may not be registered in a land registry office with respect to collateral… Read More »
Categories: Online Only, Real EstateVacant Home Tax: Is your client buying or selling?
Several regions in Ontario have introduced or are contemplating the introduction of a vacant home/unit tax (VHT). The failure to file a declaration of occupancy status (“VHT declaration”) has led to complications for both sellers and buyers. If homeowners fail to submit the VHT declaration by the stipulated deadline, the property is presumed vacant. This… Read More »
Categories: Online Only, Real EstateHow to ensure you have secure funds
[Updated May 14, 2024] Article highlights: 1.For funds to be truly irrevocable, you need a PCRN. Anything else is a risk. 2.Financial institutions that have adopted the Uniform Treatment of Wire Payments have agreed to treat “On-Us” funds (e.g. when the payee and the payor are at different branches of the same financial institution) as… Read More »
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