Admin dismissals/Rule 48
Rule 48: Set your matter down for trial
Under Rule 48, registrars will dismiss five-year-old actions that have not been set down for trial without notice. The best strategy to pre-empt last minute catastrophes is to move files along in a timely manner and to set the matter down well within the five-year time limit. The longer a file drags on, the more… Read More »
Categories: Admin dismissals/Rule 48, Areas of Law, Civil Litigation, Malpractice Errors, TopicsCivil litigation claims: What we saw in 2017
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, TopicsLitigation claims on the rise
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 Management5 year rolling administrative dismissal date: Rule 48 after January 1, 2017
LawPRO reminds lawyers that on a rolling basis beginning January 1, 2017, matters commenced on or after January 1, 2012 will be automatically dismissed five years after they were commenced. Remember, the courts will dismiss actions without sending notices of any type to parties or their lawyers. Update internal firm systems to tickle all relevant… Read More »
Categories: 2017 February Neuroscience, Admin dismissals/Rule 48, Areas of Law, Civil Litigation, LAWPRO Magazine, LAWPRO Magazine Article Type, Personal injury, Practice Tips, Time ManagementCommon 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 when delivering legal services. No lawyer is immune to a… Read More »
Categories: 2017 Student Issue No 5, Admin dismissals/Rule 48, Articles, Communications Errors, Features, Inadequate Investigation, Law students/new lawyers, Time ManagementPre-2012 matters not set down will be automatically dismissed January 1, 2017
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 ManagementLAWPRO 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 ReviewThe clock is ticking on Rule 48 dismissals
Pre-2012 matters not set down will be automatically dismissed January 1, 2017 As we begin the New Year, it’s a good time to review your litigation files and make sure they are proceeding as appropriate. The clock is ticking! Remember, under the new Rule 48.14 of the Rules of Civil Procedure, matters commenced before January… Read More »
Categories: 2016 January Indigenous, Admin dismissals/Rule 48, Articles, Civil Litigation, Features, Time ManagementApplying old case law to the new Rule 48.14
On January 1, 2015, Rule 48.14 of the Rules of Civil Procedure was substantially amended. The first result of the amendment was that plaintiffs’ solicitors received respite from “show cause” status hearings. Status notices ceased to be issued as of January 1, 2015. Status notices received by parties prior to January 1, 2015 under the… Read More »
Categories: 2016 January Indigenous, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Time ManagementRule 48.14 Transition Toolkit helps you prevent administrative dismissal of actions
The administrative dismissal of actions for delay has caught many lawyers by surprise, and has led to several hundred claims and almost $10 million in claims costs in just three and a half years. On January 1, 2015, a welcome amendment to the administrative dismissal rule – Rule 48 – came into force. The amended… Read More »
Categories: 2015 September - Insurance Issue 2016, Admin dismissals/Rule 48, Articles, Civil Litigation, Time Management