Casebook
Lessons learned: The Limitations Act, 2002
Recent case law applying the Limitations Act, 2002 contains essential lessons and warnings for the profession. This article is a summary of these matters and what they mean for the practising bar. It really is a catch-all statute… Don’t forget that subject to certain expressly stated exceptions, the Limitations Act, 2002 is a broadly worded,… Read More »
Categories: 2012 August Checklists, Articles, Casebook, Civil Litigation, Limitation Periods, Time ManagementHow remedial action by LAWPRO saves the bar millions
Timely efforts by LAWPRO to “repair” errors committed by lawyers save the Ontario bar millions of dollars every year. 1. Setting aside Registrars’ administrative dismissal orders (Rule 48) Defended actions (Rule 48.14): Judicial discretion to set aside dismissal is unpredictable Registrars’ orders dismissing actions under Rule 48 have become common. In some cases, we were… Read More »
Categories: 2012 May/June - Year in Review 2011, Admin dismissals/Rule 48, Articles, Casebook, Civil LitigationLAwPRO defends lawyers in diverse areas of practice
While it may seem that a large number of LAwPRO claims arise from real estate transactions and routine personal injury litigation, we actually defend claims against a broad spectrum of Ontario lawyers – and in courts ranging from the small claims court to the Court of Appeal. Regardless of the forum or area of law,… Read More »
Categories: 2012 May/June - Year in Review 2011, Articles, Casebook, Civil Litigation, Corporate Law, Family, TaxUnbundling and family law
The Law society of Upper Canada recently released its protocols on “unbundling” legal services. Webb v. Birkett is a cautionary tale about the dangers of unbundling in the context of collaborative family law. Marguerite Webb retained Lucille Birkett, an experienced collaborative family law (CFL) lawyer, to represent her in her divorce proceeding. The plaintiff indicated… Read More »
Categories: 2012 January Employment, Articles, Casebook, Family, Limited scope retainer/unbundlingSelf-represented claimants and vexatious litigants
It is common knowledge that the number of self-represented litigants has increased sharply. LawPRO records show that it has received 964 claims by self-represented litigants, 90 per cent of which have been made since 2000. LawPRO has incurred close to $30 million in claims costs, which include both claims payments and defence costs. Some self-represented… Read More »
Categories: 2012 January Employment, Articles, Casebook, Civil LitigationCasebook: Communication is a two-way street
Some solicitors may think that the responsibility for maintaining appropriate solicitor/client communications lies solely with them. It is true that solicitors who fail to adequately communicate with their clients risk losing those clients – or even facing a malpractice claim. But it is also true that clients have reciprocal obligations to disclose relevant facts, to… Read More »
Categories: 2011 Fall Communications, Articles, Casebook, Communications Errors