If you have a current family lawyer in Toronto or perhaps looking for one, then you have to identify one important aspect first. It is the time limit for property settlement issues and how a lawyer-client relationship is essential in this case.
Property settlements are very common among divorced couples but many are not fully aware of the time limits for this case brought into the court. The exact example of the case of Hefferman in 2002 particularly highlights the importance of recognizing these factors. Hefferman was not able to divide their pension due to an error she later discovered after a decade already. That is the negligence of her former family lawyers whom she brought into court in 2014. However, the lawyers argued that they cannot pursue Hefferman’s case because of the Limitations Act provision that negligence claims expire 10 years after the alleged negligence.
However, the court favoured Hefferman, ruling that the negligent act happened in 2004, not 2002, when her property claim cannot be brought before the court anymore. This is because she still had a relationship with her lawyers until 2004 and thus, her negligence claim falls within the 10-year limitation period and can proceed.
What Hefferman’s case shows is for clients of a family lawyer in Toronto to be aware of the terminal effects of time limits of their case and the importance of how lawyer-client relationship works. While her ex-lawyers thought that their relationship had been terminated, Hefferman believed otherwise. She thought that they still had a professional relationship which the court also believed so because there was no clear termination that happened. Therefore, it’s important that both parties, client and the lawyer, have a mutual understanding of the scope of their relationship and when it is terminated.
With this case, you have to keep in mind about limitation periods and claims that could arise from it, which are recognized as vested rights in favour of the party who brought the claims. In fact, the courts are even willing to extend the limitations if they believe to be just. If you want to learn more, contact us today so we can discuss the details with you.
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