Having written my Master’s major research paper on the interaction between aboriginal title and statutory land registration systems, I have had some vicarious exposure to the experiences of Indigenous people with the law. It was an eye-opening experience to learn some of the profound differences in fundamental assumptions regarding governance, law, the land and our… Read More »
Categories: 2016 January Indigenous, Articles, Editorials, Indigenous clients
Just as the final research for this article was being completed in November, newly-elected Prime Minister Justin Trudeau announced his Cabinet, including the appointment of Jody Wilson-Raybould as Minister of Justice and Attorney General. The next morning, a cautiously hopeful mood filled the room as a group of Aboriginal lawyers gathered at the Law Society… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Dabbling, Diversity, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clients
We hope that January 2016 issue of LAWPRO Magazine has contributed to your understanding of the incredible breadth and complexity of “Aboriginal law.” We would not be fulfilling our risk management mandate, however, if we didn’t contribute our own perspective as claims prevention specialists. To avoid claims, lawyers need to know how they develop. What… Read More »
Categories: 2016 January Indigenous, Aboriginal, Articles, Communications Errors, Failure to Know The Law, Features, Inadequate Investigation, Indigenous clients, Practice Tips
Insurance is different from other types of contracts. Besides the ongoing obligations (as described in the policy’s terms and conditions) that exist between the insurer and insured, there is also a duty of utmost good faith (uberrimae fidei, for you Latin fans). Just as an insurance carrier can’t act in bad faith in denying a… Read More »
Categories: 2016 January Indigenous, Articles, Errors & Omissions, LAWPRO policy
One of the questions we often get asked at LAWPRO is why certain areas of claims don’t get the full $1 million per claim amount of coverage. For example, think of how the LawPRO policy treats counterfeit certified cheques causing an overdraft, cybercrime, and intentional misbehaviour within the real estate registration system – these coverages… Read More »
Categories: 2016 January Indigenous, Articles, Insurance Business
[This article and PDF were updated in Feb 2018] MYTH 1. TitlePLUS® policies¹ are more expensive TitlePLUS “plain and simple” pricing includes premium, processing fee and taxes. See this chart for the total cost of TitlePLUS policies insuring residential resale purchases: MYTH 2. Other title insurers have legal services coverage TitlePLUS purchase and mortgage policies… Read More »
Categories: 2016 January Indigenous, Real Estate, TitlePLUS
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
Self-represented litigants are a challenging reality in today’s legal landscape. In addition to the extra time and effort that can make dealing with a self-rep more expensive for your client and more frustrating for you, it seems there is a greater potential for a malpractice claim. This is highlighted by the number of claims LAWPRO… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Could This Happen to You?, Family
Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from… Read More »
Categories: 2016 January Indigenous, Articles, Civil Litigation, Communications Errors, Failure to Know The Law, Personal injury, Practice Tips
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 ManagementLand Acknowledgement
The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.
