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Issue 70 | July 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.
Time to Check the Files

COVID 19 has created many interruptions and disruptions to normal office practice.

As many adjust to flexible work arrangements, including fewer face-to-face interactions and less in-person support, it is easy for some of the usual checks-and-balances to slip a bit ...

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Recent SCC Case on the Interpretation of Releases

Last month the Supreme Court released its decision in City of Corner Brook v. Bailey. The case dealt with the interpretation of the release Bailey signed in favour of Corner Brook.

The facts of the case were that Bailey, while driving, struck a City employee performing road work who subsequently sued Bailey for his injuries. In a separate action, Bailey sued the City for property damage to the car and physical injury suffered ...

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LIANS Needs 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, including Family, Civil Litigation, Immigration, and Wills & Estates.

Participation could be eligible as a CPD activity ...

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Beat the Clock: Limitation of Actions

The May 2021 edition of LIANSwers published an article called “Know Your Limitations” to remind lawyers that the limitation periods set out in the Limitation of Actions Act are not always applicable to all situations.

It is important to understand and research any idiosyncrasies in that area of law or applicable statute if you are unsure or are not familiar with that particular legislation ...

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Future Perfect: Unperfected Security Interests on Mobile Homes

When a mobile home owner subsequently makes an assignment in bankruptcy, Trustees examine all registered security interests and will aggressively reject a secured claim if, in their opinion, it was not properly perfected prior to the bankruptcy.

An unperfected security interest is not effective against a Trustee in Bankruptcy when the security interest is not perfected before the bankruptcy. A failure to do so will render the security unperfected ...

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FRAUD ALERT: Law Society of BC Issues Land Title Warning

The following is an excerpt from a fraud alert recently posted to the Lawyers Indemnity Fund website (a division of the Law Society of British Columbia), with a scenario that could also threaten Nova Scotia lawyers ...

 

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NSLAP WELLNESS: Understanding Mental Health and Chronic Disease

"Long-lasting health conditions such as heart disease, cancer, and diabetes are known to be the leading causes of premature death and disability in many countries. Long-term healthcare solutions must take a patient's mental health and their physical symptoms into consideration. In this article, we discuss the criteria that make a disease or illness chronic and how it will affect one's mental health over time, and offer help for those dealing with mental health issues related to a chronic condition during the pandemic ..."

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SCC Decision: Limitation of Actions

The Supreme Court of Canada recently rendered a decision setting out when the running of a two year general limitation begins. Grant Thornton LLP v. New Brunswick was a case out of New Brunswick based on that Province’s Limitations of Actions Act. Given the number of claims we see each year that arise from missing the limitation, we would recommend this decision for your summer reading list. When dealing with laws of other jurisdictions, one should not assume that the laws of that other jurisdiction are the same as ours ...

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