Failure to Know The Law
The Top 10 Changes to the Planning Act You Need to Know About and Why
The anachronistic provisions of the Ontario Planning Act (the “Act”) and the red tape they created have frustrated lawyers and property owners for many years. The government has listened, and after consultations with many stakeholders over the last two years, long overdue changes are finally here. We believe these changes will save the public time… Read More »
Categories: 2022 June - After Covid 19, Articles, Failure to Know The Law, Real EstateRecent changes to wills, powers of attorney and succession law
The government has enacted 4 important changes regarding wills, powers of attorney (POAs) and to the administration of an estate with Bill 245 – Accelerating Access to Justice Act, 2021 which received Royal Assent on April 19, 2021. (See amendments in Schedule 8 – Substitute Decisions Act, 1992 and Schedule 9 – Succession Law Reform… Read More »
Categories: 2022 June - After Covid 19, Articles, Failure to Know The Law, Wills & EstatesCommon claims and how to avoid them (2020)
Understand the leading common claims and when they occur, with examples of specific different risks by areas of practice.
Categories: Clerical / Delegation, Communications Errors, Conflicts of Interest, CPD, Dabbling, Failure to Know The Law, Inadequate Investigation, Time ManagementTips for Keeping Up With the Law
A claim from a failure to know or apply the law arises when a lawyer does not have sufficient or current knowledge of the relevant law on the matter on which he or she is working. While not as common a claims cause as people think, it is still important to make sure you have… Read More »
Categories: Factsheets, Failure to Know The LawLandmines for Lawyers When Drafting Wills
When it comes to mistakes and claims, the Achilles heel for lawyers in the wills and estates area is drafting wills: Making will-drafting errors – either because of poor communication, inadequate discovery or errors in law – is the single most common issue in claims reported in this area of law. In many cases, the… Read More »
Categories: Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Wills & EstatesEverything old is new again: Will the return of a broader rent control regime haunt the Ontario real estate bar?
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 EstateMake sure clients aren’t caught off guard by the Rental Fairness Act
On April 27, 2017 the Province of Ontario amended the Residential Tenancies Act, 2006 (RTA) with the introduction of the Rental Fairness Act. Some of the changes to the RTA are already fully in force, others will come into play in 2018. The amendments to the RTA affect every residential tenancy in Ontario to different… Read More »
Categories: 2018 February Top Legal Disruptions, Areas of Law, Articles, Content Type, Could This Happen to You?, Failure to Know The Law, LAWPRO Magazine, LAWPRO Magazine Article Type, Malpractice Errors, Real Estate, TopicsCommon practice pitfalls: How to avoid them
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: 2016 Student Issue 4, Articles, Communications Errors, Failure to Know The Law, Inadequate Investigation, Law students/new lawyers, Limitation Periods, New Lawyers, Time ManagementProviding high quality service to Indigenous clients
Just as the final research for this article was being completed in November, newly-elected Prime Minister Justin Trudeau announced his Cabinet, including the appointment of Jody Wilson-Raybould as Minister of Justice and Attorney General. The next morning, a cautiously hopeful mood filled the room as a group of Aboriginal lawyers gathered at the Law Society… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Dabbling, Diversity, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clientsPotential claims related to serving Indigenous clients
We hope that January 2016 issue of LAWPRO Magazine has contributed to your understanding of the incredible breadth and complexity of “Aboriginal law.” We would not be fulfilling our risk management mandate, however, if we didn’t contribute our own perspective as claims prevention specialists. To avoid claims, lawyers need to know how they develop. What… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clients, Practice Tips