Capacity issues can arise in corporate and commercial settings as clients may, among other things, seek to sell or reorganize a business when faced with health challenges. These on-demand programs address capacity concerns that a commercial lawyer may encounter. These on-demand programs were originally broadcasted as a live webinar on September 12, 2023.

Protecting a client always requires considering their individual circumstances, including capacity. This presentation explores the obligation of a commercial solicitor to assess capacity and examines best practices for fulfilling any duty to assess capacity. This on-demand program was originally broadcasted as a live webinar on September 12, 2023. Total running time is 40 minutes.

Protecting a client always requires considering their individual circumstances, including capacity. This paper outlines the obligation of a commercial solicitor to assess capacity, provides identifiers for when capacity might be in question, and explores best practices for fulfilling any duty to assess capacity. This paper was presented at LESA’s Incapacity of a Corporate Director or Shareholder webinar on September 12, 2023.

This paper is divided into two separate topics: adverse possession and specific performance. The author addresses both topics by providing an in-depth analysis of the theoretical basis, evolution of the law, and possibilities for law reform with respect to each topic. The paper demonstrates the application of the law relating to adverse possession by referring to cases and discussing topics such as adverse possession as against co-owners and with respect to Federal Crown land, Provincial Crown land, private land, Indian reserve land, and navigable bodies of water. The author refers to case law involving specific performance as well, and discusses the following topics as they relate to specific performance: dower rights, right of first refusal, school zones, cookie-cutter housing, low budget renovations, and adjacent land. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate program from April 24 - 26, 2016.