Fraudsters will use a lawyer’s identity to deceive the public, clients and prospective clients, other lawyers, or third parties into sending money, such as a retainer fee or transaction-related funds. In other cases, the impersonator is using the lawyer’s identity to engage in the unauthorized practice of law, including appearing on record in litigation matters and signing documents as a notary or commissioner.

Real Examples

Here are some real examples of impersonations that lawyers have shared with LAWPRO:

• Fraudsters sent letters to members of the public that appeared to be from a legitimate law firm. The letterhead included the law firm’s real name, address, and the name of one of the partners, but the telephone number, website, and email addresses were fraudulent. The content of the letter promised a financial windfall such as an inheritance from unknown relative overseas. If the recipient emailed the address in the letter, they received a phishing email in reply asking for personal information or money. The real lawyers may not even be aware of the impersonation unless someone targeted by the fraud makes the effort to contact them using their real email or number.
• A lawyer was falsely identified as the plaintiff’s representative in a Small Claims Court Plaintiff’s Claim. All of the lawyers’ contact information was included on the form, including their address, phone number, and email, however the lawyer was not the plaintiff’s representative, nor had the lawyer ever represented the plaintiff.
• A lawyer was being impersonated in emails that were sent from a fabricated email address. The emails falsely claimed that the lawyer was acting as either litigation or real estate counsel for individuals and referred to fabricated court attendances, orders, undertakings, and representations.

What to do if you suspect that you or your law firm are being impersonated

Although impersonations do not generally result in claims, LAWPRO is often asked what lawyers can do in such situations. Consider the following steps:

• Use a standard script in all responses (phone, in-person, or email) to clarify that you and your firm are not involved and advise the inquirer to treat the matter as potential fraud. Keep a record of all inquiries and responses.
• Consider posting a notice on your website to inform visitors of the situation, although some may prefer to not draw more attention to the issue.
• Notify all parties that you are being impersonated (i.e., the courts, opposing counsel).
• If your website has been duplicated or your information is used on another website, contact the web provider to request removal due to fraudulent activity.
• Report the incident to the police.
• Report to the Canadian Anti-Fraud Centre.
• File a complaint with the Law Society of Ontario through LSO Connects and contact the Practice Management Helpline for additional guidance relating to your professional obligations given the circumstances.

Impersonations can involve cyber fraud (hacking your computer systems and accounts to impersonate you), if you suspect this is the case:

• Check your trust account immediately. If any funds have been fraudulently transferred, call the bank and ask them to stop the transfer(s).
• Contact your IT specialist and determine if your email or internal computer system has been compromised. If so, change the passwords and then file a notice of claim with LAWPRO.
• If there is a possibility that the impersonator may contact current or former clients, advise your clients to watch for suspicious emails.

Preserve all evidence related to the fraudulent activity.

Further reading

Firm websites being impersonated by fraudsters

Watch for unauthorized wire transfers from your trust account

The scheme commences when fraudster approaches a lawyer, usually with no previous relationship, asking the lawyer to review settlement documents, provide ILA, and receive the settlement funds into the lawyer’s trust account. To make the fraud attempt more convincing, the documents bear the name of a real insurance company. No retainer fee is provided upfront.

Recently, we have had eight lawyers report that the settlement funds are by way of brank draft in the amount of $667,200 (copy of the cheque below), although fraudsters can certainly use other amounts. An internet search for the company leads to a website that belongs to the fraudsters; the real Ontario-based mutual insurance company, located outside the GTA, does not have a website.

As things unfold, the lawyer receives the cheque deposits it, and sees the funds “appear” in the trust account. Then comes the pressure: the “client” wants the money released as soon as possible. The lawyer disburses the funds, but within a few days, the cheque bounces. The fraudster is gone.

Red flags

• The client has no previous relationship with the lawyer/law firm.
• The matter seems unusually straightforward.
• The client is primarily interested in getting money into and out of your trust account quickly.

Risk management steps

• Do not release funds simply because it looks like the funds are in your account. A certified cheque and/or bank draft can be credited to the account and subsequently reversed. See the resources section below for information on how to ensure the funds are irrevocable.
• Before treating the matter as legitimate, independently contact the company using contact information you obtain yourself. Confirm that the file or claim number exists and that the settlement is genuine. Be alert to the possibility of a fraudulent website. In one case, the fraudster created a convincing duplicate website for the insurance company, including a phone number that went directly to the fraudster.

Resources

• How to ensure you have irrevocable funds
• Website impersonation

On August 12, 2026, Ontario Regulation 275/26 was filed to amend the Rules of Civil Procedure to require parties and expert witnesses to certify the accuracy of quotations used in their factums and expert reports, respectively, and to update or clarify various appeal procedures.

In summary, O. Reg. 275/26 will:

• Add a requirement that any person signing a factum or expert report must certify that they are satisfied any quotations purported to be taken from an authority accurately reflect the text of the authority, and incorporate this requirement into the Form 53 Acknowledgment of Expert’s Duty [rules 4.06.1, 53.03];
• Clarify that certain provisions of the Class Proceedings Act require motions for leave to appeal to be heard in the Superior Court of Justice, although the appeal itself would be heard in the Divisional Court if leave is granted [rule 12.06];
• Clarify that motions for leave to appeal under specified provisions of the federal Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act are heard by a single judge and are subject to the ordinary rule 61.16 appellate single judge motion procedure [rule 61.03.1];
• Reform the procedure for a party to bring a motion in the Court of Appeal or Divisional Court for review of an order made on motion by a single judge of either court under sections 7(5) and 21(5) of the Courts of Justice Act, by allowing more time to serve and file the notice of motion, reducing the time for either party to file subsequent materials, and creating a presumption that the motion is to be heard in writing [rule 61.16];
• Remove all references to filing hard copies of materials in the Court of Appeal and Divisional Court and make associated streamlining changes [throughout Rules 61 and 68];
• Improve awareness that under existing rule 15.01.1, self-represented litigants must meet the same requirements as lawyers acting for parties, including signing their factums [rules 4.06.1, 61.11, 61.12, 68.04];
• Eliminate the requirement for lawyers to estimate the time needed for motions in the Court of Appeal and Divisional Court [rules 61.03; 61.16];
• Clarify the use of books of authorities in the Court of Appeal [rules 61.03.1, 61.09, 61.11, 61.12]; and
• Update the French terminology used to refer to authorities in factums and expert reports [rules 4.06.1, 53.03].

The amendments in O. Reg. 275/26 and the revised Form 53 will come into force on September 1, 2026.

The revised form is available for download on the Ontario Court Forms website.

This summary of O. Reg. 275/26 is also available on the Regulatory Registry at: 26-MAG009.

In a new and growing form of digital attack, hackers use AI agents to query search engines to get the most common hallucinated sites. A bad actor then registers the hallucinated domain and creates a convincing website at that address. The next time that an AI search recommends the domain, users are sent to a phishing website instead of the legitimate site, which can be used to steal personal information, share malware, and undermine system security.

Unfortunately, these are not isolated incidents, researchers have already identified more than 13,000 malicious sites, and over 250,000 potential sites that hackers could claim.

Why It Works

Lawyers, staff, and clients increasingly use AI to identify official websites, locate forms, and conduct research.

If the chosen AI hallucinates a plausible-looking domain and an attacker squats on it, future users could be sent directly to a phishing site. Unlike the fake websites of old, these domains are AI-generated, professionally designed, and very difficult to distinguish from legitimate sites.

Ways to Avoid Getting Burned

• Treat AI-generated links like unverified sources. Until independently confirmed, assume any URL generated by AI could be wrong. When an AI provides a website address, look for independent confirmation by checking whether the organization links to the site from its official materials, whether the URL appears in official correspondence, and whether it is cited by multiple trusted sources.
• Use trusted routes that cut out AI. Eliminate AI from your search results (there are several YouTube videos on how to do this). Rather than clicking an AI-generated link, go to the organization’s main website through a trusted source and navigate from there.
• Approach new domains with skepticism. Newly registered domains often lack a long history and may be part of phishing operations. If a website appears unfamiliar or recently created, proceed cautiously.
• Train staff on AI hallucinations. Add hallucinated websites to your cybersecurity awareness training and AI training.
• Use bookmarks for critical resources. For government agencies, legal research platforms, practice management systems, and client portals, save verified bookmarks rather than repeatedly searching AI tools for links.
• Stay vigilant about your own brand. There is an organized and aggressive effort by criminals to impersonate lawyers and their firms. We need to take precautions and maintain vigilance around our professional reputation and brand. At a minimum, set up Google Alerts for your lawyers, firm, and website, so you can monitor what is being said about you and whether misrepresentative material may exist online.

Original article written by Charity Anastasio, Interim Director, AILA Practice & Professionalism Center. Updated by Safiyya Vankalwala, PracticePRO Manager & Counsel, and republished with permission from the American Immigration Lawyers Association. All rights reserved.

If you are retained, you should begin the continuance process as soon as possible. Among other things, this will involve reviewing the club’s corporate structure and governing documents, evaluating the most appropriate corporate model, obtaining director and shareholder approvals (including a special resolution of shareholders), updating governing documents, and preparing and filing continuance materials. Because these decisions may have significant governance and tax implications, they should not be left until the last minute.

Twenty years ago, if I was stuck on a file, I would likely walk down the hall and ask a colleague for support. This colleague could help spot a legal issue, suggest a different approach, or identify a risk that had gone unnoticed. Those conversations helped prevent mistakes.

As the legal profession has evolved, consistent access to experienced colleagues has become less common for practitioners. Today, many lawyers do not have a “hallway” to walk down. As Law Society of Ontario counsel Sina Hariri observed, lawyers increasingly don’t have someone readily available “to bounce ideas off of.”

That reality inspired the LSO to create the Coach and Advisor Network (CAN), which will celebrate its 10th anniversary in the fall of 2026. This free program was created in response to a profession that is becoming more complex, more diverse, and subject to rapid changes in law, business structures, and technology.

Opening a Practice, Complex Questions

CAN offers both Coach and Advisor options, each designed to provide a different kind of support.

Coaching requests related to opening a practice are the most requested coaching topic. Hariri noted that one of the benefits of speaking with an experienced practitioner is the chance to learn from their experience.

CAN’s advisor requests most commonly involve family law, civil litigation, and real estate. Newer lawyers often seek guidance on procedural issues, while more experienced practitioners tend to bring complex or highly nuanced questions.

Sometimes the most difficult part of practicing law is finding the answer to a question you never realized needed to be asked. Hariri noted, one of the most common reactions from participants is “oh, you know what, I hadn’t actually thought of that”. From a risk-management perspective, that is where a second perspective can be truly invaluable.

Why Not Just Ask AI?

No discussion about support for lawyers in 2026 would be complete without mentioning AI.
Hariri sees value in AI tools, but also highlights that speaking with an advisor or coach is a completely different experience than interacting with AI because you are learning from someone who has dealt with a similar issue and understands the nuances that digital programs may miss.

Experienced practitioners can provide context, judgment, and perspective that comes from lived experience, not just sourced information.

Thinking About Volunteering? Read This First

I used CAN myself when I was in private practice. Years later, when I was invited to become a coach, I hesitated. Like many lawyers, I wondered whether I had enough experience to help someone else.

Hariri’s response is that “imposter syndrome is a real thing, and we all feel it at some point throughout our careers (if it even ever goes away).” His view is that lawyers often underestimate the value of their day-to-day experience. “You’re probably not even aware of the wide range of experiences that you accumulated as a licensee,” he noted.

Information does not always flow in one direction in a coaching relationship. While experienced practitioners bring judgment and perspective, newer lawyers often bring insights into technology, efficiency, and modern practice tools. The exchange can benefit both sides.

CAN is seeking volunteers across a range of practice areas, especially immigration, family law, and real estate, as well as lawyers with skills in integrating technology into practice or who speak additional languages. A volunteer and participant may claim up to 12 CPD hours per year, and LAWPRO waives any deductible and claims history levy surcharge on claims arising from eligible mentoring relationships, subject to the program requirements.

Asking for Help is a Professional Skill

The practice of law has always been demanding. Hariri, who previously practiced as a sole practitioner, observed that lawyers can sometimes feel disconnected and alone in the profession.

The takeaway is simple: one of the most effective risk-management strategies is knowing when to ask for help. Whether the issue is a difficult file, a new practice, or uncertainty about the next step, the colleague down the hall, or its modern equivalent, may still be one of the profession’s most valuable risk-management tools.

Visit PracticePRO’s Mentoring page for more information, including a list of mentoring programs available in Ontario.

By Safiyya Vankalwala, PracticePRO Manager & Counsel, LAWPRO

The Canadian banking system works on trust and therefore provides an immediate credit that reflects the value of any funds being transferred or deposited. However, that credit needs to be processed and then settled. Banks do not provide notice when the funds are settled and can be used without risk of a reversal.

Crucially, using funds that have not been settled can lead to a reversal and a shortfall in your account – potentially leading to personal liability.

Cheques (certified or not), bank drafts, and other means of payment provide instant credit but not good funds, until they are verified and settled.

When funds have been deposited into your account, do not use or send out those funds until they have been verified to be settled! Bank employees cannot verify settlement. See our article on How to ensure you have secure funds.

Certain accident benefits that were previously mandatory as part of the auto insurance policy will become optional in Ontario.

Even if the auto policy holder chooses to purchase optional benefits, the coverage under the policy may only apply to certain individuals, and not everyone injured in or by an auto accident.

Why this matters for lawyers

After July 1, some injured parties will need to pursue a tort claim to recover benefits, such as income replacement or death benefits that were previously mandatory. Stakes and pressures in the tort claim will become much higher and clients may be under greater financial pressure.

As a result, lawyers may see increased exposure to allegations involving:

• delay in advancing claims;
• missed limitation periods;
• inadequate investigation of damages, income loss, or expenses;
• failure to retain appropriate experts;
• communication breakdown; and
• allegations of improvident settlements.

Managing client expectations

Lawyers should not assume clients understand what accident benefits coverage is available or the realities of tort litigation. Clients dealing with injuries and financial hardship may become frustrated by delays, costs, uncertainty, and outcomes that they don’t understand.

Clear oral and written communication early in the retainer, and throughout the file, can help reduce misunderstandings and manage client expectations.

Thorough investigation

Before accepting a retainer, lawyers and paralegals should ensure they understand the applicable limitation periods and the financial recovery options and assess whether they are comfortable taking the file.

A thorough investigation should include:

• determining what accident benefits coverage exists;
• confirming whether optional coverage was purchased;
• identifying other potential sources of coverage, such as workplace or disability benefits;
• assessing the nature and extent of the client’s damages; and
• understanding the client’s financial pressures.

These issues may significantly affect litigation strategy, timing, expert retention, and settlement discussions.

Keeping clients informed

Frequent communication helps reassure clients that the matter is progressing and has not been forgotten, especially since litigation can be slow moving.

Documentation

Maintain clear and thorough documentation in your file in case the lawyer needs to defend against allegations of negligence. Good documentation that includes notes detailing client conversations, expert reports, letters, and emails may help mitigate exposure even when an error or omission has occurred.

Lawyers should carefully document:

• advice provided;
• risks and uncertainties explained to the client, including recommendations;
• expert recommendations;
• settlement discussions;
• client instructions; and
• decisions regarding litigation strategy.

Practice management considerations

Lawyers handling auto vehicle litigation may want to consider reviewing and updating:

• intake questions and procedures;
• checklists;
• retainer agreements and non-engagement letters;
• calendar and tickler systems and processes;
• interim and client direction practices; and
• interim and final reporting letters.

Under the new regime, the tort claim may become an injured person’s primary or only source of compensation. Careful investigation, clear communication, strong documentation, and proactive file management will become even more important risk management tools for lawyers handling auto vehicle claims after July 1, 2026.

Tarion is taking action to address illegal activity and protect current and future new home purchasers.

Announced in 2025 – and starting April 1, 2026 – freehold home purchasers will need to provide notice of their new home purchase to Tarion within 45 days of entering into an agreement of purchase and sale with a vendor/builder.

This important change will allow Tarion to quickly identify illegal builders who are taking deposits from consumers, and enable action to be taken earlier to protect consumers and the industry from rogue actors.

A new Warranty Information Sheet which reflects the new requirement to register will also be available April 1, 2026 for builders to use for all new home sales on or after that date.

Purchasers can register with Tarion using a simple and quick online portal which you can find here. To make it easier for purchasers, professionals such as lawyers or realtors can assist with registering the purchase or register on their behalf.

To allow time for consumers to be aware of the changes, Tarion is implementing a transition period and will defer the changes to deposit coverage until January 1, 2027.

If you have any questions about this policy please refer to the information page.

Effective March 1, 2026, the following positions are included in O. Reg. 386/12: Commissioners and other persons who may take affidavits under the Act, subject to the limitations stated in the regulation, and will no longer have to apply to the ministry for a commissioner appointment:

• First Nation Officers and Police Officers;
• Students at Law (articling students or those enrolled in the law practice program);
• MPP constituency office staff;
• First Nation Chiefs and Council Members;
• ServiceOntario staff (public servants only); and
• Conservation Reserve Managers, Park Wardens, Superintendents, and Assistant Superintendents.

Accordingly, effective March 1, 2026, Students at Law will be designated as commissioners for taking affidavits for the duration of their employment/role and can begin taking affidavits and administer oaths, affirmations or declarations for the purposes, and subject to any limitations, specified in the regulation.

The relevant new provision in the regulation reads:

Commissioners by virtue of office

1. (1) The following, by virtue of office, are commissioners for taking affidavits in Ontario:
…

4.2. Persons who have entered into service under articles of clerkship or the law practice program under the Law Society Act, but only in connection with work done as part of the clerkship or program.

Students at Law’s commissioning authority is subject to any applicable internal organizational requirements, such as conflict of interest rules, internal policies, by-laws and/or direction, and there is no obligation that they use this authority if they are not directed to do so as part of their role and responsibilities. Once an individual is no longer employed in the position specified in regulation, they no longer hold this authority under the Act.

As a commissioner by virtue of office, there is no requirement to use a stamp when commissioning. However, commissioners by virtue of office may choose to use a stamp to more easily identify themselves and the documents they commission for verification and/or authentication purposes. The ministry has developed an example of stamp wording for Students at Law in the accompanying appendix. The example is for information and illustration purposes only. It is up to the commissioner to determine the appropriate stamp wording, should they choose to use a stamp, and this wording does not need to be reviewed or approved by the ministry. Stamps can be made and purchased at an office supply company.

The ministry has a guide for newly appointed commissioners for taking affidavits in Ontario on its website.