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Construction 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
The Successions Law Reform Act and Substitute Decisions Act(the “Acts”) were amended to provide for remote execution and witnessing of wills and power of attorneys on or after April 7, 2020. Allowing remote witnessing of wills and powers of attorneys was originally permitted in response to COVID-19, the Ontario government subsequently changed the law to… Read More »
Categories: Online Only, Wills & EstatesTen tips for effective video-conferencing
Even before the onset of a global pandemic that sequestered many lawyers to their homes, remote meetings and videoconference were quickly becoming an important and ubiquitous business tool. Online meetings bring benefits and convenience, but can also increase confusion and frustration. Here are ten tips to help you host effective online meetings, whether with colleagues… Read More »
Categories: Legal Technology, Online OnlyAvailability 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 & EstatesFraud 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 EstateTips 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 Only