Failure to Know The Law
OHIP subrogated claims
Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Failure to Know The Law, Personal injury, Practice TipsWarning: 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 PeriodsClear communication your best defence against allegations of ineffective assistance of counsel
A substantial proportion of professional liability claims against criminal defence counsel are based on allegations of “ineffective assistance”. The jurisprudence makes it clear that poor lawyer-client communication is at the root of many of these claims. Allegations of ineffective assistance are usually first tested in the context of the appeal of a conviction. Few of… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Dabbling, Failure to Know The LawCan a criminal conviction make your client inadmissible for residency/citizenship?
Where a client charged with a serious crime is a non-citizen of Canada and is hoping to obtain resident status, criminal lawyers should be aware that recent changes to the Immigration and Refugee Protection Act (IRPA) raise special plea and sentencing considerations. The Faster Removal of Foreign Criminals Act On June 19, 2013, amendments to… Read More »
Categories: Areas of Law, Articles, Communications Errors, Content Type, Criminal Law, Failure to Know The LawDiversify without dabbling: Before expanding your practice, expand your competence
Think you have the confidence to bluff your way through a file that’s outside your normal scope of practice? It might work if you were playing a lawyer on TV… but that’s only because your opponent (and the judge, if it’s a litigation file) would be actors, too. In the real world, trying to “fake… Read More »
Categories: 2012 August Checklists, Articles, Dabbling, Failure to Know The Law, Legal Careers, Practice TipsPractice pitfalls
Categories: 2010 September Pitfalls, Articles, Civil Litigation, Clerical / Delegation, Communications Errors, Conflicts of Interest, Corporate Law, Criminal Law, Dabbling, Failure to Know The Law, Family, Features, Inadequate Investigation, Independent Legal Advice, Limitation Periods, Personal injury, Real Estate, Time Management, Wills & Estates