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Admin dismissals/Rule 48

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

LAWPRO works with lawyers to correct errors and minimize losses

“Repair” work − steps taken to correct an error or problem to minimize or avoid claims costs − is an important part of LAWPRO’s claims portfolio. Depending on the nature of the error, LAWPRO may take these steps directly, or provide support while the insured conducts a “self-repair”. The most commonly-repaired claims are in the… Read More »

Categories: 2013 May - Year in Review 2012, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation, Wills & Estates

How remedial action by LAWPRO saves the bar millions

Timely efforts by LAWPRO to “repair” errors committed by lawyers save the Ontario bar millions of dollars every year. 1. Setting aside Registrars’ administrative dismissal orders (Rule 48) Defended actions (Rule 48.14): Judicial discretion to set aside dismissal is unpredictable Registrars’ orders dismissing actions under Rule 48 have become common. In some cases, we were… Read More »

Categories: 2012 May/June - Year in Review 2011, Admin dismissals/Rule 48, Articles, Casebook, Civil Litigation

Beware the Ides of Rule 48

The following scenario is familiar to all plaintiffs’ counsel. Consider it, for example, in the context of a slip and fall claim. Upon being retained and after having reviewed the relevant factual background, counsel chooses, wisely, to explore the prospect of resolving the claim without the need for formal proceedings. The liability insurer is like-minded… Read More »

Categories: 2011 Fall Communications, Admin dismissals/Rule 48, Articles, Civil Litigation, Limitation Periods, Practice Tips
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