by Donald Lapowich | Dec 18, 2015 | Featured, Legal Issues
Often lawyers, architects, engineers, accountants, real estate agents and brokers or other professionals are sued for professional malpractice and want to assert a counterclaim against the claimant for unpaid fees. In an American professional liability case, the...
by Donald Lapowich | Nov 24, 2015 | Legal Issues
The plaintiff in an Ontario action asked for a declaration that he was the registered owner of a parcel of land next to the defendants’ property. The plaintiff then made a formal offer to settle, indicating he would give up a significant portion of his property that...
by Donald Lapowich | Oct 16, 2015 | Legal Issues
As pointed out in prior cases and articles published in REM, a professional, in order to be liable to a client, must breach a duty of care (skill, diligence, proper advice) and there must be a causal connection between the breach and resulting damages. As pointed out...
by Donald Lapowich | Sep 24, 2015 | Legal Issues
Here is another case involving Ontario’s Seller Property Information Statement. It was heard recently in the Ontario Court of Appeal. It involved an Agreement of Purchase and Sale (with “an entire agreement clause”). The clause read: “(The Agreement of Purchase and...
by Donald Lapowich | Aug 24, 2015 | Legal Issues
In a recent decision of the Law Society of Upper Canada Tribunal, a lawyer in a family matter had his client sign a retainer that stated, “in the lawyer’s discretion he could withdraw from acting on her behalf” for reasons including non-payment of the lawyer’s...
