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You may be exposed to a claim if you release a private mortgage advance to a third party
LAWPRO has become aware of a new exception to coverage in certain title insurance policies which could expose real estate practitioners to claims from their private lender clients. The issue has recently arisen in connection with private residential mortgage transactions, and in particular where the lender and borrower are separately represented, as required, because the… Read More »
Categories: Alerts, Real Estate, Title insurance, TitlePLUSAre you covered for a big claim? Consider LAWPRO Excess Insurance
With your Law Society insurance renewing January 1, it is a good time to consider your firm’s excess needs. Remember that the limits on LAWPRO’s primary program are $1 million per claim/$2 million in the aggregate. Could any of your matters lead to a malpractice claim of more than $1 million? Don’t forget to include… Read More »
Categories: 2014 October - Insurance Issue 2015, Articles, Excess, Excess insuranceExemption eligibility for “employed” lawyers
A common fallacy is that all lawyers who work in a corporate, government, education or municipal setting will be entitled to an exemption from the requirement to pay LAWPRO premiums for the Law Society’s mandatory insurance program. Depending on the employment relationship and the nature of the work, this may not be true. To qualify… Read More »
Categories: 2014 October - Insurance Issue 2015, Articles, Errors & Omissions, LAWPRO policyAmendments to Rule 48 bring major changes to administrative dismissals
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 LitigationPast 40 years marked by a changing mix of lawyers
Ontario’s legal profession has experienced significant changes over the last 40 years. In the mid-1970s a critical mass of women began joining the profession in record numbers. Then, in the 1980s, lawyers from Aboriginal, Francophone and equality-seeking communities began entering the profession. Today, the province’s legal profession continues to grow and evolve at a rapid… Read More »
Categories: 2014 September Diversity, Articles, Diversity, FeaturesCultural competence: An essential skill in an increasingly diverse world
With each passing day, the legal profession becomes ever more diverse. That diversity brings challenges and opportunities. LAWPRO turned to diversity specialist Ritu Bhasin, Founder and President of bhasin consulting inc., for practical advice about the steps that lawyers and firms can take to welcome lawyers regardless of their personal and cultural identity characteristics, and… Read More »
Categories: 2014 September Diversity, Articles, Diversity, FeaturesPaths to success: As varied as the lawyers who follow them
“Diversity” describes the characteristics of a group. When we examine how diversity influences the profession as a whole, it’s easy to lose sight of the experience of being an individual lawyer, with specific identity characteristics, practising law in Ontario. While cultural sensitivity benefits all lawyers, what is it like to practice law when, at least… Read More »
Categories: 2014 September Diversity, Articles, Diversity, Features, Legal CareersManage malpractice risk by recognizing cultural diversity
In the social realm, cultural differences can be awkward for those on both sides; but in the context of legal services, cross-cultural misunderstandings and other culture-related factors can occasionally lead to malpractice claims against lawyers. The good news: claims with a cultural component are easily preventable as they tend to reflect certain recurring themes. One… Read More »
Categories: 2014 September Diversity, Articles, Civil Litigation, Communications Errors, Criminal Law, Diversity, Practice Tips, Real EstateWhat does diversity mean for our profession?
As I look forward to celebrating in 2015 the 20th anniversary of LAWPRO providing the Ontario bar’s primary professional liability program, it is an appropriate time to reflect on the changes our society and profession have experienced during that time. This issue discusses the diversity that is now represented in our profession, how we are… Read More »
Categories: 2014 September Diversity, Articles, Diversity, EditorialsDoes title insurance bring benefits to the primary professional liability program?
We all know that notwithstanding the rise of title insurance in Ontario, claims arising from real estate practice are still a large (and in many years, the largest) exposure for the primary professional liability program that LAWPRO provides for the Law Society’s lawyer-licensees (the “E&O program”). We have explored why in other articles and settings…. Read More »
Categories: 2014 September Diversity, Articles, Insurance Business, Real Estate, Title insurance