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Casebook

LAWPRO defends lawyers: Opposing inappropriate expansion of lawyer’s scope of responsibility

knight

Advising clients of their rights on a legal matter is a significant responsibility and lawyers have a duty to discharge it with competence and care. But when defending a negligence claim where clients seek to hold lawyers accountable for the unfavourable results of their own business or strategic decisions, LAwPRO’s defence counsel don’t hesitate to… Read More »

Categories: 2015 May - Review of 2014, Articles, Casebook, Civil Litigation, Corporate Law, Criminal Law, Real Estate

20 years of LAWPRO leading cases

20 years of lawpro magazine cover

While Ontario lawyers will appreciate that LAWPRO defends them on legal malpractice claims, they may not appreciate the breadth of legal issues that come up in those claims. This article highlights leading or significant cases that LAWPRO litigated over the past 20 years, some of which dealt with legal issues and principles that are relevant… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Criminal Law, Limitation Periods, Wills & Estates

Warning: Insurers can ‘contract out’ of the Limitations Act, 2002 in ‘non-consumer’ policies

The law of limitations applicable to insurance claims has entered a period of uncertainty, arising in part from insurers’ ability to “contract out” of the Limitations Act, 2002 (LA 2002) where the insured is not a “consumer.” Claims on group long-term disability policies may prove especially hazardous. This article discusses this new development, and touches… Read More »

Categories: 2014 September Diversity, Articles, Casebook, Civil Litigation, Failure to Know The Law, Limitation Periods

Recoveries and repairs: 2013 review

LAWPRO staff actively pursue recovery costs throughout the year. In some cases, a party other than the insured is found liable for all or part of a loss that is the subject of a claim. We take all reasonable steps to obtain reimbursement from these parties, no matter the amount, because the recovery of these… Read More »

Categories: 2014 June - Year in Review 2013, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Family, Limitation Periods, Year in Review

LAWPRO works with lawyers to correct errors and minimize losses

“Repair” work − steps taken to correct an error or problem to minimize or avoid claims costs − is an important part of LAWPRO’s claims portfolio. Depending on the nature of the error, LAWPRO may take these steps directly, or provide support while the insured conducts a “self-repair”. The most commonly-repaired claims are in the… Read More »

Categories: 2013 May - Year in Review 2012, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Wills & Estates

Knowing when to take a stand: LAWPRO defends its insureds in 2012

knight

LAWPRO pays an indemnity to resolve a claim only in a minority of cases. In the years 2008-2012, LAWPRO made an indemnity payment in just 14.5 per cent of files, on average. However, many claims must be actively defended: over that same period, over 42 per cent of claims required the expenditure of external defence… Read More »

Categories: 2013 May - Year in Review 2012, Articles, Casebook, Civil Litigation, Limitation Periods, Personal injury, Tax, Wills & Estates

Don’t be trapped by old habits of thought – The limitation period for equitable claims is now two years

hourglass

It is difficult to let go of fundamental principles. Many generations of Ontario lawyers were taught that equitable claims are not subject to any limitation period. These lawyers were correct, until the Limitations Act, 2002 came into force. Limitation periods are creatures of statute. The Limitations Act, R.S.O 1990, c.L.15 and its predecessors had no… Read More »

Categories: 2012 December Resolutions, Articles, Casebook, Civil Litigation, Limitation Periods, Time Management

Lawyers’ negligence actions: experts and pleadings

Ribeiro v. Van Moorlehem1: A modest dollar, successfully defended malpractice action highlights issues surrounding pleadings, expert reports, amendments and partners’ liability. In 1994 the plaintiff became partners with two brothers. Each of the three partners invested $45,000 into a business and each held one third of the shares. No sooner was the venture started, however,… Read More »

Categories: 2012 December Resolutions, Articles, Casebook, Civil Litigation

Liability for client costs: Protect yourself

A recent Court of appeal decision, Attis v. Ontario1, has provided clarity on the issue of when counsel will be held personally responsible for legal costs ordered against a client. although Attis deals with this issue in the context of a class proceeding, the decision underscores the importance of certain “best practices” that can be applied… Read More »

Categories: 2012 August Checklists, Articles, Casebook, Civil Litigation, Practice Tips
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