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Malpractice Errors

Ontario’s New Construction Act Arrives on July 1, 2018: Don’t get Caught by the Transition Rules

[This article was edited on June 7, 2018] The Construction Lien Act amendments will begin to take effect July 1, 2018. Hailing big changes to timelines, procedures and the manner in which many disputes will be resolved, the new legislation includes a gradual transition to help you avoid a misapplication of the new provisions. Among… Read More »

Categories: Articles, Construction, Limitation Periods, Practice Tips

Review Your Files – The Ultimate Limitation Period is Arriving Soon

JANUARY Calendar

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

Paying attention to the fraud behind the curtain: Don’t get fooled by spoofed email addresses

fishing hook on mouse

We have written previously about the dangers associated with email spoofing and phishing schemes, where fraudsters will send fabricated emails purporting to be from a trusted colleague or third party in an effort to trick a lawyer or staff member into clicking on a dangerous link or downloading a dangerous attachment. These fraudulent schemes continue… Read More »

Categories: Cyber dangers, Fraud, Webzine

Everything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?

condo tower

For decades the existence of rent control has posed a risk to Ontario real estate lawyers acting on the purchase and mortgaging of residential rental property. The range of affected properties is immense: From a basement apartment to a rented single family house to the largest multi-residential complexes in the province, many real estate files… Read More »

Categories: 2018 May Year in Review 2017, Areas of Law, Articles, Content Type, Failure to Know The Law, Inadequate Investigation, Malpractice Errors, Real Estate

After the event (ATE) insurance: what you need to know

After the event (ATE) insurance (a type of legal expense insurance) can help lessen the financial blow of a lost case for both the client and lawyer. Generally, the insurer will pay some amount of costs, fees, and/or disbursements should the client’s case lose. It is important to understand the specific policies and contracts involved… Read More »

Categories: Areas of Law, Civil Litigation, Communications Errors, Conflicts of Interest, Malpractice Errors, Topics

Common practice pitfalls and how to avoid them (2018 edition)

man balancing boxes

Lawyers’ Professional Indemnity Company (LAWPRO) was created to insure lawyers against legal malpractice claims. Most (though not all) claims are brought by a lawyer’s own client and include an allegation that the lawyer made a mistake or did not meet the standard of care expected of him or her when delivering legal services. No lawyer… Read More »

Categories: 2018 Student Issue 6, Alerts, Communications Errors, Content Type, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Student, Time Management

Ending well means starting right: The family law intake process

lawyer and client talking

The most critical step in any family law case is when clients meet with prospective counsel. That meeting establishes the nature of the relationship, a preliminary game-plan, and each party’s expectations of the other. Most clients approach that inaugural meeting with considerable anxiety. Most have never dealt with a lawyer, and certainly not with respect… Read More »

Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Communications Errors, Content Type, Difficult clients, Family, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Practice Tips, Retainers, Topics

Civil litigation claims: What we saw in 2017

filing cabinet of claims

Claims against litigators are the largest area-of-law subset in LAWPRO’s claims portfolio. The rate of increase in claims in this area outstrips all others, and is an increasing source of concern.In the past two years, we have focused on the claims impact of the changes to Rule 48 of the Rules of Civil Procedure. Judgments… Read More »

Categories: 2018 February Top Legal Disruptions, Admin dismissals/Rule 48, Areas of Law, Articles, Casebook, Civil Litigation, Content Type, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Malpractice Errors, Time Management, Topics
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