Webzine
Wills and estates: Helping lawyers help their clients
Drafting a will and planning an estate is sometimes the only point of contact a person will have with any lawyer. Guide them through an unfamiliar process by reviewing some of our best resources in wills and estates. One minute byte of claims prevention: Watch this video summary of common claims against wills and estate… Read More »
Categories: WebzineNew lawyers: LAWPRO helps improve your practice
LAWPRO provides more than just mandatory professional malpractice insurance to Ontario lawyers. Our library of practicePRO resources is always growing and helps new and seasoned lawyers improve their skills, avoid malpractice claims, and succeed in their careers. LAWPRO Magazine: Your regular source of information to help your growing practice: As a lawyer, you will always… Read More »
Categories: WebzineRecent 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, WebzineKnow thy property: Four easily avoidable errors made before closing real estate transactions
When closing a real estate deal, there is limited time to address numerous legal and practical issues. Just getting a transaction across the finish line can often seem like a feat worthy of celebration. But getting past closing doesn’t bring closure if title errors are discovered after the fact. And even small errors can create… Read More »
Categories: Real Estate, WebzineStaying Out of the Conflict Zone – Recognizing and Reacting to Conflicts of Interest in Real Estate Transactions
During the course of a real estate retainer, it can be easy for a lawyer to lose sight of what constitutes a conflict of interest, as well as what one should do to avoid its pitfalls and consequences. Simply stated, a conflict of interest arises when the lawyer’s duties to a client are compromised by… Read More »
Categories: Conflicts of Interest, Real Estate, TitlePLUS, WebzineCheck your cheques: Five ways to spot fraudulent cheques
We have often written about the risk that lawyers will be targets of fraud. Sometimes these frauds use technology to confuse their targets, such as a personalized spear-phishing attack or ransomware schemes. But often these fraudulent schemes take on a more 20th century character. The use of counterfeit cheques or similar instruments is still a… Read More »
Categories: Fraud, TitlePLUS, WebzineLimitation periods: Not just for litigators
Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »
Categories: Corporate Law, Limitation Periods, WebzineResponsible delegation: Annual corporate filings and updates
Responsible and efficient delegation is an important skill for any lawyer. But there are limits as to when and how certain tasks can be delegated to non-lawyers. Recently, LAWPRO has seen situations where corporate filings are handled by administrative staff such as clerks, without specific authorization or review from a supervising lawyer. This sometimes includes… Read More »
Categories: Clerical / Delegation, Corporate Law, WebzineDivisional Court allows appeal in Milne Estate (Re) decision
We are pleased to report that the Divisional Court has allowed the appeal and set aside the orders of the Application Judge in the Milne Estate (Re) decision. The Divisional Court did not in any way criticize the use of the allocation clause and in fact noted that “the use of allocation clauses is a… Read More »
Categories: Webzine, Wills & EstatesReview Your Files – The Ultimate Limitation Period is Arriving Soon
It’s here – a 15-year ultimate limitation period for claims governed by the Limitations Act 2002. As of January 3, 2019¹, actions arising from acts or omissions that occurred prior to January 1, 2004, are statute barred by virtue of s. 15 of the Limitations Act, 2002, even if these errors were not discoverable before… Read More »
Categories: Civil Litigation, Limitation Periods, Webzine