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Issue 75 | May 2022

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.
Report All Claims Within the Policy Year by June 30, 2022

Your insurance policy requires that you report a claim (or potential claim) to LIANS as soon as practicable after learning of it or becoming aware of circumstances that might constitute an occurrence or give rise to a claim, however unmeritorious.

You must report that claim (or potential claim) within the policy period in which you become aware of it. These are conditions of your policy. The current policy period ends June 30, 2022 ...

 

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LIANS' Insurance Levy for 2022-2023

The 2022-2023 LIANS Insurance Levy was approved by LIANS’ Board of Directors on April 19, 2022.

The net levy for the policy year commencing July 1, 2022 is $1,938 for each full practising Member, $1,238 for Nova Scotia Legal Aid staff lawyers and $350 for Nova Scotia government lawyers.

 

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LIANS' Claims Review Committee Seeks New Members

LIANS is seeking Members to join its Claims Review Committee ("CRC"). The CRC, as LIANS’ large loss committee, advises on claims that have a total incurred (indemnity plus defence costs, reserved and paid) greater than $125,000.

LIANS’ Director and Board endeavour to bring together a group of lawyers who have knowledge and experience in various areas of law as well as litigation as most matters before the CRC are in suit ...

 

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FRAUD ALERT: Fund Transfer Fraud Warning from BC Lawyers Indemnity Fund

By now you should be very aware of the increase in incidents of fund transfer fraud we have been seeing in this province. We have reported on several.

What follows is a notice that our friends in British Columbia just issued to their membership. We are not the only insurer talking about these issues as they present significant risks to you and your firms. And we agree with their comments ...

 

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Error: File Not Found - Filing Your Expert Reports

Very often in personal injury litigation, a party will obtain an independent medical exam of the plaintiff. In one recent decision, plaintiff counsel received the defence medical report (because the defence is required to provide it) and it was helpful to the plaintiff’s case.

It is probably for that reason that defence counsel did not file it with the Court. Nor are they required to ...

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Unringing the Bell: Injunctions with Breach of Confidentiality Obligations

What do you do if your client’s confidential information ends up in the possession of an innocent recipient who may not realize that the information is confidential? Can you stop further dissemination?

In some cases it may be too late to regain confidentiality. In others, it may be possible if you have the right circumstances and act early enough ...

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Under Cover: Title Insurance Protections

Real Estate Standard 5.5 on Title Insurance states, in part, that lawyers must be aware of the existence of title insurance and should have knowledge in broad terms about the protections a policy may provide.

But there is a little more to this ...

 

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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, specifically in the areas of Immigration law, Wills & Estates, Real Property, Corporate/Commercial, Administration, and Municipal law.

Participation could be eligible as a CPD activity ...

 

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Office of the Privacy Commissioner (OPC) Issues 'Interpretation Bulletin' for Sensitive Information

The OPC has issued an Interpretation Bulletin on information it considers to be sensitive under the Personal Information Protection and Electronic Documents Act (PIPEDA).

OPC interpretations are not binding legal interpretations. Rather, they are intended to be a guide for PIPEDA compliance....

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CLIA Voluntary Excess Program: 2022/2023 Excess Insurance Renewal

With the approach of the July 1st VEP renewal date, this is an opportunity for you to review your risk portfolio and determine if you have sufficient coverage.

It is important that you renew your coverage before the end of the policy year (June 30th) to avoid gaps in coverage that may leave you unnecessarily exposed to the risk of uninsured liability ...

 

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NSLAP WELLNESS: Leading with Empathy and Supporting Employee Success

"A top priority for most organizations and institutions is to look beyond traditional strategies for management development and recruitment to empower leaders, making the company and the people within it thrive. Besides performance objectives, influential leaders need to have the social skills to empower, motivate and support employees - one of those skills being empathy. This article focuses on leading with empathy, which is one of the best ways to support employees through their career goal milestones."

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