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Issue 67 | January 2021

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
'Sorry to Interrupt': Business Interruption Insurance During the Pandemic

One issue currently facing businesses dealing with the impact of the pandemic is business interruption insurance (if they have some coverage). This is not just a Canadian issue as it is being discussed and litigated in the U.S., U.K. and elsewhere.

For those of you who may be dealing with such a claim for a client ...

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Tort of Online Harassment

In the recently released decision of Caplan v. Atas, 2021 ONSC 670, the Ontario Supreme Court recognized, as a new tort, online harassment ...

 

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Introducing LOMC Standard #9: Succession Planning

The new Succession Planning Professional Standard introduced here, effective February 2, 2021, is a result of work ongoing since 2017, when Council appointed a Working Group to consider the implications for the profession if lawyers and firms do not have effective plans in place to deal with any unplanned practice interruption. The Succession Planning Working Group found that the lack of support and preparation for lawyers to wind-up practices at the end of their careers is a significant challenge for the profession and a major regulatory risk for the Society ...

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'Custom' Made: International Travel and Electronic Privacy

In prior issues, we mentioned the potential perils when returning to Canada after travelling internationally with your work phone and computer, in the ability of border agents to examine devices without reasonable and probable grounds. A recent decision of the Alberta Court of Appeal concluded that groundless searches of personal electronic devices infringed on the Charter and the infringement could not be saved. The search power was deemed unconstitutional, but there are two caveats in the decision ...

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'Sure' Thing: Staying Current with Bond Legislation

Some matters require the posting of a surety bond. In such cases, you have to make sure the bond reflects the relevant and current legislation. If the bonding company / insurer was unaware of the change or is slow to update its forms, it is possible that a bond they issue still cites the repealed statute ...

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Seeking Mentors

Do you have a minimum of nine years of experience and are interested in volunteering your time to provide support and guidance to another member?

LIANS is currently seeking mentors of all backgrounds for its Mentorship Program, specifically in the areas of Family law, Corporate/Commercial, Wills and Estates, and Criminal law.

Participation could be eligible as a CPD activity ...

 

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NSLAP WELLNESS: Overcoming Financial Fatigue and Concern

Starting a new calendar year can be exciting and refreshing, but January can also be full of transitions that can influence anxiety and concern. It’s increased pressure related to personal finances and how to manage expenses and income in the coming year, especially as bills for holiday spending start to arrive. For many more, the ups and downs of living through the COVID-19 pandemic and the unique financial challenges have given rise to the need for new ideas and thinking about financial preparedness ...
 

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FRAUD ALERTS: Current Trends in Cyber Security

The occurrence of fraud attempts continue to grow exponentially. We are all particularly vulnerable due to the pandemic, when scammers are targeting distracted staff and impermanent workplaces in the hopes that these vulnerabilities will delay detection of scams.

Of the numerous Key Judgements outlined in the report, some are specifically relevant to lawyers and their practices ...

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