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Admin dismissals/Rule 48

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

The clock is ticking on Rule 48 dismissals

stopwatch

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 Management

Applying old case law to the new Rule 48.14

paper boat on water

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 Management

Rule 48.14 Transition Toolkit helps you prevent administrative dismissal of actions

Rule 48 on calendar

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

Risk management strategies to reduce your risk of a claim under the new Rule 48.14

Rule 48 on calendar

Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and more than $7 million in claims costs over the last three years, LAWPRO was happy to see old Rules 48.14 and 48.15 revoked. However, while LAWPRO believes the new rule will stem… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Civil Litigation, Practice Tips, Time Management

20 years of LAWPRO leading cases

20 years of lawpro magazine cover

While Ontario lawyers will appreciate that LAWPRO defends them on legal malpractice claims, they may not appreciate the breadth of legal issues that come up in those claims. This article highlights leading or significant cases that LAWPRO litigated over the past 20 years, some of which dealt with legal issues and principles that are relevant… Read More »

Categories: 2015 February - LAWPRO 20th, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Criminal Law, Limitation Periods, Wills & Estates

Amendments to Rule 48 bring major changes to administrative dismissals

Rule 48 on calendar

Significant changes to the Rules of Civil Procedure relating to administrative dismissals appear in Ontario Regulation 170/14, published in the September 6, 2014 Ontario Gazette. Specifically, the existing Rules 48.14 (Action not on trial list) and 48.15 (Action abandoned) were revoked, and a new Rule 48.14 (Dismissal of an action for delay) was substituted in… Read More »

Categories: 2014 October - Insurance Issue 2015, Admin dismissals/Rule 48, Articles, Civil Litigation

Recoveries and repairs: 2013 review

LAWPRO staff actively pursue recovery costs throughout the year. In some cases, a party other than the insured is found liable for all or part of a loss that is the subject of a claim. We take all reasonable steps to obtain reimbursement from these parties, no matter the amount, because the recovery of these… Read More »

Categories: 2014 June - Year in Review 2013, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Family, Limitation Periods, Year in Review

Know how administrative dismissal claims happen, and take 8 steps to immunize yourself against them

Rule 48 on calendar

Rule 48 claims arise when it is alleged that the dismissal of a claim was due to the lawyer’s negligence with respect to either a defended (Rule 48.14) or an undefended (48.15) action. Many of these claims have been very costly for LAWPRO. While certain Rule 48 claims can be repaired by speaking with opposing… Read More »

Categories: 2013 September practicePRO 15th, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods
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