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Limitation Periods

Common Limitation Period Pitfalls and How to Avoid Them

hour glass

It is one of a lawyer’s worst nightmares:  missing a limitation period.  It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems.  Some of these pitfalls are relatively easy to avoid whereas others… Read More »

Categories: Civil Litigation, Limitation Periods, Online Only, Time Management

Limitation periods: Not just for litigators

hourglass

Some nightmares seem universal: teeth suddenly falling out, or an important exam in a class you forgot to attend. But some fears, such as forgetting to diarize a limitation period, come only to lawyers, and usually just litigators. While corporate solicitors may thankfully lose less sleep over limitation periods than their litigator colleagues, they should… Read More »

Categories: Corporate Law, Limitation Periods, Webzine

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

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

Litigation claims on the rise

marker drawing a line

In recent years, the growth in civil litigation claims has outstripped the overall growth in claims. For example, from 2006 through 2010 LAWPRO received an average of 708 civil litigation claims each year, and during 2011 through 2015, the average increased to 948 each year. This growth of 34 per cent vastly exceeds the 7… Read More »

Categories: 2017 August Managing Change, Admin dismissals/Rule 48, Areas of Law, Articles, Civil Litigation, Communications Errors, Content Type, Dabbling, Features, Inadequate Investigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Limitation Periods, Time Management

Pre-2012 matters not set down will be automatically dismissed January 1, 2017

Rule 48 on calendar

As we move through September, LawPRO urges lawyers to review their litigation files and make sure they are proceeding as appropriate. The clock is ticking and time is running out! Remember, under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January 1, 2012 will be automatically dismissed – without notice… Read More »

Categories: 2016 September A2J, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice Tips, Time Management

LAWPRO repairs in 2015: Resuscitating dismissed actions

In the past few years, LAWPRO’s claims repair program has been increasingly occupied with the work of attempting to restore actions to the trial list. Rule 48, which permits the administrative dismissal of actions for delay, has been responsible for over $10 million in claims costs over the past three years. LAWPRO in-house and defence… Read More »

Categories: 2016 May - Year in Review 2015, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Limitation Periods, Year in Review

Common practice pitfalls: How to avoid them

Man on highwire

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 Management
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