This is taken from Know How Administrative Dismissal Claims Happen, and Take Eight Steps To Immunize Yourself Against Them which appears in the September 2013 issue of LAWPRO Magazine. The article also contains the Dimissal Motions: What is the Test? chart by Debra Rolph, LAWPRO’s director of resarch.
Rule 48 [of the Ontario Rules of Professional Conduct] claims arise when it is alleged that the dismissal of a claim was due to the lawyer’s negligence with respect to either a defended (Rule 48.14) or an undefended (48.15) action. Many of these claims have been very costly for LAWPRO. While . . . [more]