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	<title>AvoidAClaim: Claims Prevention &amp; Practice Management for Lawyers</title>
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	<link>https://avoidaclaim.com</link>
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		<title>New Cybersecurity Threat from AI Searches: The Rise of Phantom Squatting</title>
		<link>https://avoidaclaim.com/2026/new-cybersecurity-threat-from-ai-searches-the-rise-of-phantom-squatting/</link>
					<comments>https://avoidaclaim.com/2026/new-cybersecurity-threat-from-ai-searches-the-rise-of-phantom-squatting/#respond</comments>
		
		<dc:creator><![CDATA[Safiyya Vankalwala]]></dc:creator>
		<pubDate>Wed, 05 Aug 2026 16:32:48 +0000</pubDate>
				<category><![CDATA[Fraud Prevention]]></category>
		<category><![CDATA[Technology]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19384</guid>

					<description><![CDATA[AI doesn&#8217;t just hallucinate case law, it hallucinates website domains too. 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... <a href="https://avoidaclaim.com/2026/new-cybersecurity-threat-from-ai-searches-the-rise-of-phantom-squatting/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p>AI doesn&#8217;t just hallucinate case law, it hallucinates website domains too. </p>
<p>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.</p>
<p>Unfortunately, these are not isolated incidents, <a href="https://cybernews.com/security/phantom-squatting-hallucinated-domains-cyber-attacks/" target="_blank">researchers have already identified</a> more than 13,000 malicious sites, and over 250,000 potential sites that hackers could claim.</p>
<p><strong>Why It Works</strong></p>
<p>Lawyers, staff, and clients increasingly use AI to identify official websites, locate forms, and conduct research. </p>
<p>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.</p>
<p><strong>Ways to Avoid Getting Burned</strong></p>
<ul>
<li><strong>Treat AI-generated links like unverified sources</strong>. 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.</li>
<li><strong>Use trusted routes that cut out AI</strong>. 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&#8217;s main website through a trusted source and navigate from there.</li>
<li><strong>Approach new domains with skepticism</strong>. 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.</li>
<li><strong>Train staff on AI hallucinations</strong>. Add hallucinated websites to your cybersecurity awareness training and AI training.</li>
<li><strong>Use bookmarks for critical resources</strong>. For government agencies, legal research platforms, practice management systems, and client portals, save verified bookmarks rather than repeatedly searching AI tools for links.</li>
<li><strong>Stay vigilant about your own brand</strong>. 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 <a href="https://support.google.com/websearch/answer/4815696?hl=en" target="_blank">Google Alerts</a> for your lawyers, firm, and website, so you can monitor what is being said about you and whether misrepresentative material may exist online.</li>
</ul>
<p><em>Original article written by Charity Anastasio, Interim Director, AILA Practice &#038; Professionalism Center. Updated by Safiyya Vankalwala, PracticePRO Manager &#038; Counsel, and republished with permission from the American Immigration Lawyers Association. All rights reserved.</em></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19384</post-id>	</item>
		<item>
		<title>Important deadline approaching for share capital social clubs incorporated under the Corporations Act (Ontario) (OCA)</title>
		<link>https://avoidaclaim.com/2026/important-deadline-approaching-for-share-capital-social-clubs-incorporated-under-the-corporations-act-ontario-oca/</link>
					<comments>https://avoidaclaim.com/2026/important-deadline-approaching-for-share-capital-social-clubs-incorporated-under-the-corporations-act-ontario-oca/#respond</comments>
		
		<dc:creator><![CDATA[Tim Lemieux]]></dc:creator>
		<pubDate>Tue, 04 Aug 2026 20:25:28 +0000</pubDate>
				<category><![CDATA[Corporate Law]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19381</guid>

					<description><![CDATA[Share capital social clubs incorporated under the Corporations Act (Ontario) (OCA), such as many golf, tennis, or country clubs, must take steps to continue under one of the following statutes: Ontario Not-for-Profit Corporations Act (by eliminating share capital), Ontario Business Corporations Act, or Ontario Co-operative Corporations Act. The transition must be completed before October 19,... <a href="https://avoidaclaim.com/2026/important-deadline-approaching-for-share-capital-social-clubs-incorporated-under-the-corporations-act-ontario-oca/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p>Share capital social clubs incorporated under the <a href="https://www.ontario.ca/page/rules-not-profit-and-charitable-corporations" target="_blank">Corporations Act (Ontario) (OCA)</a>, such as many golf, tennis, or country clubs, must take steps to continue under one of the following statutes: Ontario Not-for-Profit Corporations Act (by eliminating share capital), Ontario Business Corporations Act, or Ontario Co-operative Corporations Act. The transition must be completed before October 19, 2026, otherwise the organization may be automatically dissolved.  </p>
<p>If you are retained, you should begin the continuance process as soon as possible. Among other things, this will involve reviewing the club&#8217;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. </p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19381</post-id>	</item>
		<item>
		<title>The Lawyer Down the Hall</title>
		<link>https://avoidaclaim.com/2026/the-lawyer-down-the-hall/</link>
					<comments>https://avoidaclaim.com/2026/the-lawyer-down-the-hall/#respond</comments>
		
		<dc:creator><![CDATA[Safiyya Vankalwala]]></dc:creator>
		<pubDate>Thu, 30 Jul 2026 20:41:13 +0000</pubDate>
				<category><![CDATA[Mentoring]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19377</guid>

					<description><![CDATA[I interviewed Sina Hariri, Counsel and Manager, Practice Management (Supports), Practice Supports and Resources at the Law Society of Ontario in celebration of the 10th anniversary of the Coach and Advisor Network. The following article is a summary of our discussion. Twenty years ago, if I was stuck on a file, I would likely walk... <a href="https://avoidaclaim.com/2026/the-lawyer-down-the-hall/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p><em>I interviewed Sina Hariri, Counsel and Manager, Practice Management (Supports), Practice Supports and Resources at the Law Society of Ontario in celebration of the 10th anniversary of the Coach and Advisor Network. The following article is a summary of our discussion.</em></p>
<p>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.</p>
<p>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&#8217;t have someone readily available “to bounce ideas off of.&#8221;</p>
<p>That reality inspired the LSO to create the <a href="https://lso.ca/lawyers/practice-supports-and-resources/coach-and-advisor-network" target="_blank">Coach and Advisor Network (CAN)</a>, 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.<br />
<strong><br />
Opening a Practice, Complex Questions</strong></p>
<p>CAN offers both Coach and Advisor options, each designed to provide a different kind of support.</p>
<p>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. </p>
<p>CAN&#8217;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. </p>
<p>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&#8217;t actually thought of that”. From a risk-management perspective, that is where a second perspective can be truly invaluable. </p>
<p><strong>Why Not Just Ask AI?</strong></p>
<p>No discussion about support for lawyers in 2026 would be complete without mentioning AI.<br />
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.</p>
<p>Experienced practitioners can provide context, judgment, and perspective that comes from lived experience, not just sourced information.<br />
<strong><br />
Thinking About Volunteering? Read This First</strong></p>
<p>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.</p>
<p>Hariri&#8217;s response is that &#8220;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&#8217;re probably not even aware of the wide range of experiences that you accumulated as a licensee,” he noted.</p>
<p>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.</p>
<p>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.</p>
<p><strong>Asking for Help is a Professional Skill</strong></p>
<p>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. </p>
<p>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&#8217;s most valuable risk-management tools.</p>
<p>Visit PracticePRO’s <a href="https://www.practicepro.ca/category/topics/mentoring/" target="_blank">Mentoring page </a>for more information, including a list of <a href="https://www.practicepro.ca/wp-content/uploads/2025/10/Ontario-Mentoring-Programs-2025.pdf" target="_blank">mentoring programs</a> available in Ontario. </p>
<p>By Safiyya Vankalwala, PracticePRO Manager &#038; Counsel, LAWPRO</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19377</post-id>	</item>
		<item>
		<title>When banking credit is good and bad: how to avoid transaction reversals and shortfalls</title>
		<link>https://avoidaclaim.com/2026/when-banking-credit-is-good-and-bad-how-to-avoid-transaction-reversals-and-shortfalls/</link>
					<comments>https://avoidaclaim.com/2026/when-banking-credit-is-good-and-bad-how-to-avoid-transaction-reversals-and-shortfalls/#respond</comments>
		
		<dc:creator><![CDATA[Raymond G. Leclair]]></dc:creator>
		<pubDate>Mon, 20 Jul 2026 14:54:12 +0000</pubDate>
				<category><![CDATA[Fraud Prevention]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19369</guid>

					<description><![CDATA[Did you know that Payments Canada statistics indicate that 99% of all deposits in a bank account are credits and not good funds? 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... <a href="https://avoidaclaim.com/2026/when-banking-credit-is-good-and-bad-how-to-avoid-transaction-reversals-and-shortfalls/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p>Did you know that Payments Canada statistics indicate that 99% of all deposits in a bank account are credits and not good funds?</p>
<p>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.  </p>
<p>Crucially, using funds that have not been settled can lead to a reversal and a shortfall in your account – potentially leading to personal liability.</p>
<p>Cheques (certified or not), bank drafts, and other means of payment provide instant credit but not good funds, until they are verified and settled.</p>
<p>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 <a href="https://www.practicepro.ca/2024/03/how-to-ensure-you-have-secure-funds/">How to ensure you have secure funds</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19369</post-id>	</item>
		<item>
		<title>Impact of Statutory Accident Benefits Changes on Lawyers</title>
		<link>https://avoidaclaim.com/2026/impact-of-statutory-accident-benefits-changes-on-lawyers/</link>
					<comments>https://avoidaclaim.com/2026/impact-of-statutory-accident-benefits-changes-on-lawyers/#respond</comments>
		
		<dc:creator><![CDATA[Safiyya Vankalwala]]></dc:creator>
		<pubDate>Thu, 18 Jun 2026 20:32:37 +0000</pubDate>
				<category><![CDATA[Civil Litigation]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19344</guid>

					<description><![CDATA[As of July 1, 2026, Ontario’s accident benefits coverage is changing significantly, and some injured persons may have little or no accident benefits coverage even if they are not at fault. Certain accident benefits that were previously mandatory as part of the auto insurance policy will become optional in Ontario. Even if the auto policy... <a href="https://avoidaclaim.com/2026/impact-of-statutory-accident-benefits-changes-on-lawyers/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p>As of July 1, 2026, Ontario’s accident benefits coverage is changing significantly, and some injured persons may have little or no accident benefits coverage even if they are not at fault. </p>
<p>Certain accident benefits that were previously mandatory as part of the auto insurance policy will become optional in Ontario. </p>
<p>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. </p>
<p><strong>Why this matters for lawyers</strong></p>
<p>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.</p>
<p>As a result, lawyers may see increased exposure to allegations involving: </p>
<ul>
<li>delay in advancing claims;</li>
<li>missed limitation periods;</li>
<li>inadequate investigation of damages, income loss, or expenses;</li>
<li>failure to retain appropriate experts;</li>
<li>communication breakdown; and </li>
<li>allegations of improvident settlements.</li>
</ul>
<p><strong><br />
Managing client expectations</strong></p>
<p>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.</p>
<p>Clear oral and written communication early in the retainer, and throughout the file, can help reduce misunderstandings and manage client expectations.</p>
<p><strong>Thorough investigation</strong></p>
<p>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. </p>
<p>A thorough investigation should include:</p>
<ul>
<li>determining what accident benefits coverage exists;</li>
<li>confirming whether optional coverage was purchased;</li>
<li>identifying other potential sources of coverage, such as workplace or disability benefits;</li>
<li>
assessing the nature and extent of the client’s damages; and</li>
<li>understanding the client’s financial pressures.</li>
</ul>
<p>These issues may significantly affect litigation strategy, timing, expert retention, and settlement discussions. </p>
<p><strong>Keeping clients informed</strong></p>
<p>Frequent communication helps reassure clients that the matter is progressing and has not been forgotten, especially since litigation can be slow moving. </p>
<p><strong>Documentation</strong></p>
<p>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.</p>
<p>Lawyers should carefully document: </p>
<ul>
<li>advice provided;</li>
<li>
risks and uncertainties explained to the client, including recommendations;</li>
<li>expert recommendations;</li>
<li>settlement discussions;</li>
<li>client instructions; and</li>
<li>decisions regarding litigation strategy.</li>
</ul>
<p><strong>Practice management considerations</strong></p>
<p>Lawyers handling auto vehicle litigation may want to consider reviewing and updating: </p>
<ul>
<li>intake questions and procedures;</li>
<li>checklists;</li>
<li>
retainer agreements and non-engagement letters;</li>
<li>calendar and tickler systems and processes;</li>
<li>interim and client direction practices; and</li>
<li>interim and final reporting letters.</li>
</ul>
<p>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.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19344</post-id>	</item>
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		<title>From Tarion: New Purchase Agreement Registration Requirement and Updated Warranty Info Sheet</title>
		<link>https://avoidaclaim.com/2026/from-tarion-new-purchase-agreement-registration-requirement-and-updated-warranty-info-sheet/</link>
					<comments>https://avoidaclaim.com/2026/from-tarion-new-purchase-agreement-registration-requirement-and-updated-warranty-info-sheet/#respond</comments>
		
		<dc:creator><![CDATA[Tim Lemieux]]></dc:creator>
		<pubDate>Thu, 02 Apr 2026 14:05:33 +0000</pubDate>
				<category><![CDATA[Real Estate]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19312</guid>

					<description><![CDATA[Posted by Tarion on April 1, 2026 Tarion is taking action to address illegal activity and protect current and future new home purchasers. Announced in 2025 &#8211; and starting April 1, 2026 &#8211; freehold home purchasers will need to provide notice of their new home purchase to Tarion within 45 days of entering into an... <a href="https://avoidaclaim.com/2026/from-tarion-new-purchase-agreement-registration-requirement-and-updated-warranty-info-sheet/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p><em>Posted by Tarion on April 1, 2026</em></p>
<p>Tarion is taking action to address illegal activity and protect current and future new home purchasers.</p>
<p>Announced in 2025 &#8211; and starting April 1, 2026 &#8211; 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.</p>
<p>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.  </p>
<p>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.</p>
<p>Purchasers can register with Tarion using a simple and quick online portal w<a href="https://myhome.tarion.com/s/purchase-agreement-registration" target="_blank">hich you can find here</a>. To make it easier for purchasers, professionals such as lawyers or realtors can assist with registering the purchase or register on their behalf. </p>
<p>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.</p>
<p>If you have any questions about this policy please refer to the <a href="https://www.tarion.com/newhomeregistration" target="_blank">information page</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19312</post-id>	</item>
		<item>
		<title>New commissioners for taking affidavits by virtue of office</title>
		<link>https://avoidaclaim.com/2026/new-commissioners-for-taking-affidavits-by-virtue-of-office/</link>
					<comments>https://avoidaclaim.com/2026/new-commissioners-for-taking-affidavits-by-virtue-of-office/#respond</comments>
		
		<dc:creator><![CDATA[Leanne Fasciano]]></dc:creator>
		<pubDate>Fri, 06 Feb 2026 15:22:13 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19295</guid>

					<description><![CDATA[Regulatory changes have been made to include additional positions as commissioners for taking affidavits by virtue of office under the Commissioners for Taking Affidavits Act (the Act). 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... <a href="https://avoidaclaim.com/2026/new-commissioners-for-taking-affidavits-by-virtue-of-office/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p>Regulatory changes have been made to include additional positions as commissioners for taking affidavits by virtue of office under the <em><a href="https://www.ontario.ca/laws/statute/90c17" target="_blank">Commissioners for Taking Affidavits Act</a></em> (the Act).</p>
<p>Effective March 1, 2026, the following positions are included in <a href="https://www.ontario.ca/laws/regulation/120386" target="_blank">O. Reg. 386/12: Commissioners and other persons who may take affidavits under the Act</a>, subject to the limitations stated in the regulation, and will no longer have to apply to the ministry for a commissioner appointment: </p>
<ul>
<li>First Nation Officers and Police Officers;</li>
<li>Students at Law (articling students or those enrolled in the law practice program);</li>
<li>MPP constituency office staff;</li>
<li>First Nation Chiefs and Council Members;</li>
<li>ServiceOntario staff (public servants only); and</li>
<li>Conservation Reserve Managers, Park Wardens, Superintendents, and Assistant Superintendents.
</li>
</ul>
<p>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.</p>
<p>The relevant new provision in the regulation reads: </p>
<blockquote><p>Commissioners by virtue of office</p>
<p>1. (1) The following, by virtue of office, are commissioners for taking affidavits in Ontario:<br />
…</p>
<p>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.</p></blockquote>
<p>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.</p>
<p>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.</p>
<p>The ministry <a href="https://www.ontario.ca/page/guide-newly-appointed-commissioners-taking-affidavits-ontario" target="_blank">has a guide for newly appointed commissioners for taking affidavits in Ontario</a> on its website.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19295</post-id>	</item>
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		<title>Amendments to Rules of Civil Procedure (O. Reg. 2/26 and O. Reg. 3/26)</title>
		<link>https://avoidaclaim.com/2026/amendments-to-rules-of-civil-procedure-o-reg-2-26-and-o-reg-3-26/</link>
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		<dc:creator><![CDATA[LAWPRO]]></dc:creator>
		<pubDate>Thu, 08 Jan 2026 14:46:21 +0000</pubDate>
				<category><![CDATA[Civil Litigation]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19292</guid>

					<description><![CDATA[From the Court Services Division of the Ministry of the Attorney General On January 6, 2026, two new regulations were filed to amend the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. First, Ontario Regulation 2/26 introduces restrictions on parties’ choice of court location and increases judicial authority to transfer proceedings to a new location.... <a href="https://avoidaclaim.com/2026/amendments-to-rules-of-civil-procedure-o-reg-2-26-and-o-reg-3-26/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p><em>From the Court Services Division of the Ministry of the Attorney General</em></p>
<p>On January 6, 2026, two new regulations were filed to amend the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. </p>
<p>First, Ontario <a href="https://www.ontario.ca/laws/regulation/r26002" target="_blank">Regulation 2/26</a> introduces restrictions on parties’ choice of court location and increases judicial authority to transfer proceedings to a new location. </p>
<p>In summary, O. Reg. 2/26 updates Rule 13.1 in two key respects:</p>
<p><strong>Rule 13.1.01</strong>: Replaces the existing freedom that plaintiffs and applicants have to choose a court location (unless a statute or rule provides otherwise) with a new requirement for the plaintiff or applicant to commence their proceeding in a court location with which there is a rational connection, on the basis of factors set out in existing rule 13.1.02(2)(b).</p>
<p><strong>Rule 13.1.02</strong>: Replaces the existing authority of a Regional Senior Judge (RSJ) to transfer a proceeding to another court location within their region on their own initiative (i.e. without requiring a motion by a party) with a broader authority of any judge or associate judge to transfer a proceeding commenced at their court location to any other court location in the province on their own initiative, on the basis of the existing factors in rule 13.1.02(2)(b). The amendments also clarify that the hearing previously required before the RSJ made a transfer order continues to be required for all judges contemplating a transfer and specifically designate the hearing as a case conference.</p>
<p>As a housekeeping matter, O. Reg. 2/26 also revokes a prior commencement provision that was already marked as spent.</p>
<p>The amendments in O. Reg. 2/26 respecting judicial authority to transfer proceedings came into force on the day of filing (January 6, 2026), and the amendments respecting parties’ obligation to select a rationally connected venue will come into force on February 1, 2026.</p>
<p>Second, Ontario <a href="https://www.ontario.ca/laws/regulation/r26003" target="_blank">Regulation 3/26 </a>introduces specialized forms for use in various types of motions during appeals in the Court of Appeal and Divisional Court, to support clarity for users. The new forms mirror the existing generic motion form (Form 37A). However, the title of each new form states the type of motion in which it is to be used, the forms contain fillable fields specifically designed for parties in appeal proceedings, and the options for methods of attendance are tailored to the particular court and hearing type. The existing notice of appeal forms have been similarly reformatted, as well as being renumbered.</p>
<p>In summary, O. Reg. 3/26 introduces or modifies the following 8 forms, prescribed in the indicated rules:</p>
<p>Rule 61.03: New <strong>Form 61A</strong> Notice of Motion for Leave to Appeal to the Divisional Court</p>
<p>Rule 61.03.1: New Form <strong>61A.1</strong> Notice of Motion for Leave to Appeal to the Court of Appeal </p>
<p>Rule 61.04: </p>
<ul>
<li>Renumbered and revised <strong>Form 61A.2</strong> (Notice of Appeal to the Court of Appeal – previously Form 61A)</li>
<li>Renumbered and revised Form <strong>61A.3</strong> (Notice of Appeal to the Divisional Court – previously Form 61A.1)</li>
</ul>
<p>Rule 61.16:</p>
<ul>
<li>New <strong>Form 61M</strong> Notice of Motion Before a Single Judge – Court of Appeal</li>
<li>New <strong>Form 61N</strong> Notice of Motion Before a Single Judge – Divisional Court</li>
<li>New <strong>Form 61O</strong> Notice of Motion Before a Panel – Court of Appeal</li>
<li>New <strong>Form 61P</strong> Notice of Motion Before a Panel – Divisional Court</li>
</ul>
<p>Reg. 3/26 also includes:</p>
<ul>
<li>Complementary amendments to clarify the form to be used to seek leave to appeal to the Divisional Court in specific circumstances under the <em>Class Proceedings Act</em> and the <em>Rules of Civil Procedure</em> (rules 12.06 and 62.02) or to seek leave to apply for judicial review (rule 68.01); and</li>
<li>Housekeeping amendments to reflect the creation of new notice of motion forms and to correct French terminology (rules 37.01, 37.06, 37.10).</li>
</ul>
<p>The new and revised forms are available for download on the <a href="https://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/" target="_blank">Ontario Court Forms website</a>.</p>
<p>The amendments in O. Reg. 3/26 and the incorporated forms will come into force on February 1, 2026.</p>
<p>A summary of O. Reg. 2/26 and O. Reg. 3/26 is available on the Regulatory Registry at: <a href="https://www.regulatoryregistry.gov.on.ca/proposal/53095" target="_blank">26-MAG001</a>.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19292</post-id>	</item>
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		<title>Bank wires: How to find the PCRN and ensure you have irrevocable funds</title>
		<link>https://avoidaclaim.com/2025/bank-wires-how-to-find-the-pcrn-and-ensure-you-have-irrevocable-funds/</link>
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		<dc:creator><![CDATA[Raymond G. Leclair]]></dc:creator>
		<pubDate>Thu, 18 Dec 2025 17:32:53 +0000</pubDate>
				<category><![CDATA[Real Estate]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19279</guid>

					<description><![CDATA[Although our Canadian banking system is robust it lacks transparency. Payments Canada sets the rules for payments in Canada that all financial institutions must follow. Payments Canada manages two payments systems – ACSS and Lynx. 99% of all amounts you see in your account are via ACSS and revocable, meaning the bank can reverse the... <a href="https://avoidaclaim.com/2025/bank-wires-how-to-find-the-pcrn-and-ensure-you-have-irrevocable-funds/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p>Although our Canadian banking system is robust it lacks transparency.  Payments Canada sets the rules for payments in Canada that all financial institutions must follow.  Payments Canada manages two payments systems – ACSS and Lynx.  99% of all amounts you see in your account are via ACSS and revocable, meaning the bank can reverse the transaction.  Lynx transfers, such as “wires” sent from a lawyer’s desktop, are, however irrevocable.  The Lynx system creates a unique code once it accepts the transfer – the Payment Confirmation Reference Number – PCRN.</p>
<p>Banks have an obligation to provide the PCRN to any recipient on request but often fail to do so.  I understand that users of ScotiaConnect automatically get the PCRN with their notification of a deposit.  You should be asking your bank to do the same.</p>
<p>The interim alternative is for lawyers to help each other by providing the other side with the receipt of the funds they are sending that includes the PCRN.</p>
<p><strong>Where is the PCRN?</strong></p>
<p>If you are sending a transfer (“wire”) from your bank provided portal, after you have successfully sent the transfer, you need to go back into the portal, drill down and find the PCRN.  The PCRN is a 16 alpha-numeric code that starts with “LVTS” + 12 more numbers or letters.</p>
<p>Here is how you find the PCRN in your system.  This information has been verified by individual users.  If your experience is different, please email me – ray.leclair@lawpro.ca. We have not received confirmation for RBC or CIBC portals.  If you are a user, please email me with how the instructions below are different.</p>
<p><strong>ScotiaBank users (ScotiaConnect)</strong></p>
<ol>
<li> Log in to ScotiaConnect</li>
<li>Click on the “Payments” tab</li>
<li> Click on the “Payment search” option</li>
<li>Select the date range [from] and [to] dates</li>
<li>Scroll down to view the payment results</li>
<li> From the results list, select the payment you want to find the PCRN number for</li>
<li> Scroll down to view the PCRN number starting with LVTS. Note the PCRN number may take some time to appear after the wire completes.</li>
</ol>
<p><strong>TD (Web Business Banking / Business Central)</strong></p>
<ol>
<li>Sign in → Wires → Activity List → Sent to Bank → OK</li>
<li> Find relevant wire in list → Click on ”Successful” → Print this Page</li>
<li> If status is “Accepted” wait for it to change to “Successful” (may take 20-30 minutes). (<a href="https://www.td.com/ca/en/commercial-banking/wbb/help/wbwwpcsvtabpymtdetaillayout?utm_source=chatgpt.com" target="_blank">TD Bank</a>)</li>
</ol>
<p><strong>BMO (Online Banking for Business OLBB)</strong></p>
<ol>
<li>Sign in → Payments &#038; Receivables → Wire Payment → Manage Wire Payments</li>
<li>Open the wire details/receipt; the LVTS/PCRN appears once settled. (Appears as a Wire Reference Number starting with LVTS). If you can’t see it in OLBB, contact BMO OLBB support to have them provide the PCRN for the transaction. (<a href="https://www.bmo.com/pdf/OLBB_Quick_Start_Guides_WP_E.PDF?utm_source=chatgpt.com" target="_blank">BMO</a>)</li>
</ol>
<p><strong>CIBC (Cash Management Online / SmartBanking) <em>Not verified. Seeking a user to confirm</em></strong></p>
<ol>
<li> Sign in → Payments → Wire Payments → History/Reports</li>
<li> Open the transaction details or the wire report/statement; the PCRN/LVTS will be present after settlement. If not visible, ask CIBC business support to provide the PCRN. The CBA confirms major banks can retrieve  the PCRN. (<a href="https://www.cibcassetmanagement.com/email/assets/documents/pdfs/CMO-CFS-CB_client_fact_sheet_ENG.pdf?utm_source=chatgpt.com" target="_blank">CIBC Asset Management</a>, <a href="https://www.cibc.com/en/business/cash-management.html?utm_source=chatgpt.com" target="_blank">CIBC</a>, <a href="https://cba.org/sections/real-property/member-articles/why-you-need-a-pcrn/?utm_source=chatgpt.com" target="_blank">Canadian Bar Association</a>)</li>
</ol>
<p><strong>RBC (RBC Express) <em>Not verified. Seeking a user to confirm</em></strong></p>
<ol>
<li> Sign in → Payments → Wire Payments → History/Track Wires (RBC Express supports real-time tracking)</li>
<li> Open the completed wire; look for LVTS/PCRN in the details or on the Wire Activity Report/receipt<br />
 If only a “Bank Reference” shows, call RBC Express Client Support and ask for the Lynx PCRN tied to that wire. (<a href="https://www.rbc.com/newsroom/news/article.html?article=122511&#038;utm_source=chatgpt.com" target="_blank">RBC</a>, <a href="https://www.retailbankerinternational.com/news/rbc-express-track-wire-payments/?utm_source=chatgpt.com" target="_blank">Retail Banker International</a>)</li>
</ol>
<p>We can all help each other increase the transparency of our banking system and give comfort to the recipients that they are receiving good irrevocable funds.  This can help banks limit or not place holds on funds as they can be confident that they are good funds.  This should help reduce the time it takes for money to be deposited into the recipient’s account.</p>
<p>This article is by Ray Leclair, VP, Public Affairs at LAWPRO (ray.leclar@lawpro.ca)</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">19279</post-id>	</item>
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		<title>City of Toronto Vacancy Tax and Forced Sales Information Gap</title>
		<link>https://avoidaclaim.com/2025/city-of-toronto-vacancy-tax-and-forced-sales-information-gap/</link>
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		<dc:creator><![CDATA[Raymond G. Leclair]]></dc:creator>
		<pubDate>Fri, 28 Nov 2025 16:21:47 +0000</pubDate>
				<category><![CDATA[Real Estate]]></category>
		<guid isPermaLink="false">https://avoidaclaim.com/?p=19263</guid>

					<description><![CDATA[The Vacant Home Tax (VHT) (Bylaw 97-2022) requires homeowners in Toronto to let the City know if their property is occupied or vacant by making a declaration every year. Did you know that if the purchase happens between January 1 and May each year, there is no notice of vacant home tax that may be... <a href="https://avoidaclaim.com/2025/city-of-toronto-vacancy-tax-and-forced-sales-information-gap/" class="read-more">Read More &#187;</a>]]></description>
										<content:encoded><![CDATA[<p>The Vacant Home Tax (VHT) (<a href="http://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.toronto.ca/legdocs/bylaws/2022/law0097.pdf" target="_blank">Bylaw 97-2022</a>) requires homeowners in Toronto to let the City know if their property is occupied or vacant by making a declaration every year.  Did you know that if the purchase happens between January 1 and May each year, there is no notice of vacant home tax that may be due. The purchaser will be responsible for the vacant home tax even though there was no notice.</p>
<p><strong>What to know:</strong></p>
<ul>
<li>Lawyers acting for sellers or purchasers based on a forced sale should be mindful of this  information gap and verify if a declaration has been filed or if there is an eligible exemption available.</li>
<li>Purchaser’s lawyers should requisition the prior year’s Vacant Home Tax be paid to avoid their client becoming liable for the seller’s tax and to obtain a copy of any court order for possession to assist in any appeal of the tax.</li>
<li>Keep this in mind in other municipalities that have Vacant Home Tax:  Ottawa has a <a href="https://ottawa.ca/en/living-ottawa/taxes/property-taxes/vacant-unit-tax/understanding-vacant-unit-tax#section-caa810df-72e8-4790-ad59-4791bdf57ebf" target="_blank">Vacant Unit Tax (VUT)</a>.  Hamilton has a <a href="https://www.hamilton.ca/home-neighbourhood/property-taxes/vacant-unit-tax" target="_blank">Vacant Unit Tax (VUT)</a>.  Windsor has a <a href="https://www.citywindsor.ca/city-hall/taxes-and-assessment/municipal-vacant-home-tax-vht" target="_blank">Vacant Home Tax (VHT)</a>.  Sault Ste. Marie has a <a href="https://saultstemarie.ca/government/property-tax/vacant-home-tax/" target="_blank">Vacant Home Tax (VHT)</a>.</li>
</ul>
<p><strong>How the Vacant Home Tax works:</strong></p>
<p>Residential property is vacant if not occupied for six months or more during the taxation year. A property will be deemed vacant if the owner fails to make a declaration of occupancy status by the deadline, end of April of each year. There are <a href="https://www.toronto.ca/services-payments/property-taxes-utilities/vacant-home-tax/?accordion=eligible-exemptions-for-vacant-properties" target="_blank">eligible exemptions</a>.</p>
<p>The City advises that the tax is due as of June 1 of each year with the invoice posted to the tax roll in May after the end of the filing period in April.  The tax was 1% for the 2022 and 2023 taxation years and now 3% of the current value assessment since the 2024 taxation year.</p>
<p>Any sale closing after June 1st, and possibly earlier in May, would be notified of the tax by doing a tax search as it would be noted on the tax certificate.  For any owner/resident selling their property, they would most likely have filed the declaration as to avoid any tax.</p>
<p>The issue arises for forced sales where the owner/resident may not be occupying the property and would have little interest in filing a declaration to avoid the tax.  To make the annual declaration, you require the customer number plus the address or 21-digit assessment roll number from the property tax bill, property tax account statement or Vacant Home Tax notice. Declarations of occupancy status can be submitted either by the property owner or an authorized representative acting on their behalf.  </p>
<p>Lenders who are enforcing on their security will typically not file a declaration as the authorized representative of the owner; nor will they provide any representation as to the tax status of the property as part of the sale process.  This can create a situation where due to timing, there may be a blind spot as to the Vacant Home Tax status.</p>
<p>You can look up the current occupancy status of a property by using the <a href="https://www.toronto.ca/services-payments/property-taxes-utilities/lookup-your-property-tax/property-tax-lookup/" target="_blank">Property Tax Lookup tool</a> and scrolling down to the Vacant Home Tax accordion, but you will require the Assessment Roll No., Last Name or business name as it appears on the bill, postal code of the mailing address and/or Customer No.</p>
<p>Vacant Home Tax invoices for the prior year are posted by June 1st of the next year.  If closing is scheduled in the New Year, prior to sometime in May when invoices are posted, the seller’s lawyer will pay any outstanding taxes as noted in their tax certificate, which will not include the previous year’s Vacant Home taxes.  The purchaser’s lawyer doing a search and getting a tax certificate will not be apprised of the exigible Vacant Home Tax.  The purchaser will, however, after June 1st get a tax bill from the City indicating the outstanding tax.</p>
<p>Although a new owner benefits from an exception for any tax owing in the year they bought, the exemption does not apply to prior years:</p>
<blockquote><p>“The closing date of the purchased property was in the taxation year being declared. The sale involved a 100 per cent transfer of the property.”</p></blockquote>
<p>There is also an exemption if there is a court order that prohibits occupancy of the vacant property for at least six months of the taxation year.  In the case where the lender obtained an order for occupancy of the vacant property prior to June of the prior year, this could provide the new owner with the basis for an exemption.  Purchasers typically will not have a copy of this order, which they will be required to provide to the City to have the exemption approved.</p>
<p>The City indicates that tax certificates come with a standard proviso, in a section titled: Important Notes, one of the notes states: </p>
<blockquote><p>“This certificate may not include any Vacant Home Tax amount that is owning and which has not yet been added to the Collector’s Roll at the date of the certification.  Additional information may be obtained by calling 311 within Toronto or 416-392-CITY (2489) outside City limits.”</p></blockquote>
<p>Title insurance may cover the outstanding vacancy tax for the previous year as a matter that is possible to be a lien even if it is not disclosed or discoverable at the time.  </p>
<p>In foreclosure proceedings, the lender becomes the owner and would be responsible for the tax, unless they sell shortly after acquiring title and before the invoices are posted.</p>
<p>Lenders exercising their power of sale will pay any outstanding taxes, but the prior year’s Vacant Home Taxes will not yet have been assessed and will be missed.  The purchaser’s lawyer’s search will not disclose any outstanding Vacant Home Tax.  During this period of time, the Vacant Home Tax is not disclosed by any City’s documentation and the purchaser will then inherit the outstanding taxes.  </p>
<p>For convenience the <a href="https://avoidaclaim.com/wp-content/uploads/2025/11/Vacant-home-tax-definitions-and-eligble-exemptions.pdf" target="_blank">definition of vacant property and the eligible exemptions.</a></p>
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