Areas of Law
Areas of Law
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  • 62074.05
    This paper focuses on risk mitigation in condominium development. It identifies areas of post-developer conflict in condominium corporations, discusses the current state of the law, and considers potential solutions to dealing with condominium development conflict. Topics discussed include recent amendments to the Condominium Property Act, developer bylaws, payment of fees on undeveloped or incomplete units, bareland condominiums, purchase money held in trust, and more. The paper includes, as appendices, a draft originating application and accompanying affidavit to have trust money paid into court. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62074.04
    This paper examines liability risks to lawyers involved in real estate transactions, from the perspective of a foreclosure lawyer. It discusses the current state of the law with respect to lawyers’ negligence, including recent case law involving straw buyer mortgage fraud schemes. It also considers recent changes to the Condominium Property Act and potential issues that can arise when acting for a condominium developer. Finally, the paper provides strategies to employ to help avoid liability issues. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62074.03
    This paper reviews land use and environmental legislation and considers the impact on property ownership. In particular, the paper examines regional plans under the Alberta Land Stewardship Act, municipal planning and development plans under the Municipal Government Act, and land use bylaws. It discusses which plan prevails when there is a conflict of plans, and also highlights relevant case law. The paper also considers key provisions under the Environmental Protection and Enhancement Act that are of particular relevance to property ownership. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62074.02
    This paper highlights recent Alberta case law relevant to real estate lawyers. It summarizes the issues and facts involved in each case, and provides an analysis of the court’s decision to help lawyers inform their conveyancing practices. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62062.02
    The occupation and use of rural land in Alberta is impacted, to some extent, by the proximity to a source of water for potable and irrigation use. This paper discusses the interplay of water law and rural property transactions in Alberta. It reviews the Water Act, RSA 2000, c W-3, and in that context, highlights topics including: deemed licenses, new licenses, and transfers and assignments. It also discusses the Irrigation Districts Act, RSA 2000, c I-11, with a particular focus on terminable water agreements, household purposes agreements, rural water use agreements, remote delivery agreements, alternate parcel irrigation agreements, and transfer of irrigation rights. This paper is part of a collection presented at LESA’s Family Farm Issues in Red Deer on October 27, 2017 and in Lethbridge on November 3, 2017.
  • 62045.01
    This paper discusses issues in drainage and wetlands law. The first part of the paper examines the law relating to water rights, with an emphasis on drainage and wetlands. The second part of the paper considers how lawyers can utilize demonstrative evidence as aids in litigation and regulatory matters relating to land and the environment. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.
  • 32086-E
    $197.50$395.00
                    Explore elder law issues, including separation, divorce, matrimonial property, adult guardianship and trusteeship, wills and estates, capacity, elder abuse, and more. View the brochure or read the blog for more details. Date: June 7, 2018 Time: 9:00 AM – 4:30 PM Location: Chateau Louis Hotel & Conference Centre, 11727 Kingsway NW Regular Price: $395 + GST This seminar is also offered in Calgary.
  • 32086-C
    $197.50$395.00
                    Explore elder law issues, including separation, divorce, matrimonial property, adult guardianship and trusteeship, wills and estates, capacity, elder abuse, and more. View the brochure or read the blog for more details. Date: May 30, 2018 Time: 9:00 AM – 4:30 PM Location: Glenmore Inn & Convention Centre, 1000 Glenmore Court SE Regular Price: $395 + GST This seminar is also offered in Edmonton.
  • 32060-E
                    General practitioners and those practicing in smaller firms face unique challenges. This 2-day conference provides updates on a full spectrum of substantive law and practice management topics. View brochure or read the blog for more details. Date: October 20–21, 2017 Time: 9:00 AM – 4:30 PM Location: Four Points by Sheraton Edmonton, 7230 Argyll Rd NW Early Bird Price: $755 (Register on or before September 19, 2017) Regular Price: $795
  • 62045.08
    This paper examines discretion and abuse of power in administrative law. Topics discussed include legislated authority given to administrative decision-makers, the duty of fairness, and the influence of policy, politics, and bias in administrative law. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.
  • 62045.03
    This paper discusses compensation for rights-of-entry orders from the Surface Rights Board. It considers two recent and novel decisions relating to compensation for rights-of-entry from the Surface Rights Board, and explores how compensation for adverse effect and loss of use may be used to encourage better cleaning practices by operators. The paper also discusses injurious affection, in the context of recent case law, which makes it clear that it is the transmission line’s impact on the remaining land, and not on the financial position of the landowner, that is relevant. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.
  • 62045.02
    This paper addresses the top 6 lingering misconceptions about Bill 6: The Enhanced Protection for Farm and Ranch Workers Act. It provides practical information for practitioners when discussing with clients the impact of Bill 6 on farming and ranching operations, particularly with respect to occupational health and safety requirements and concerns. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.