No products in the cart.
Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Date
-
62045.03This 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.
-
62147.01This paper first reviews the rules and history around Alberta Rules of Court provisions for mandatory alternative dispute resolution (ADR) prior to setting a trial date. Next, it examines case law and considerations for determining when a waiver for participating in mandatory ADR may be granted under Rule 4.16(2), including a discussion of power imbalances and violence as reasons for an exception. Finally, this paper explores available options to comply with the mandatory pre-trial ADR requirements. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.
-
62093.03This paper outlines some options available to condominium corporations to collect against condominium unit owners who have defaulted in paying their condo fees, chargebacks, fines, or special assessments. The paper discusses filing a caveat against a unit’s title, sending a demand letter, serving a notice to pay arrears, and commencing a foreclosure action. The paper includes, as appendices, a sample caveat, demand letter, and statement of claim. This paper is part of a collection presented at LESA’s Condominium Law Update program in Calgary on September 26, 2018 and in Edmonton on October 10, 2018.
-
62149.03This paper offers a basic overview of the commercial lending process to help legal support staff understand how all the pieces of the transaction fit together, whether acting for the borrower or the lender. Topics include commitment letters, parties, types of loans, due diligence searches, pre-funding conditions, insurance, common lender expectations, working with all parties, transmittal letters, security, and standard security documents. Practical tips are included throughout.
-
62496.02The paper explores commitment letters, mortgages, general and specific security agreements, guarantees, assignments of rents and leases, assignments and pledges of deposit accounts, assignments and pledges of interest reserve accounts, assignment of purchase agreements, assignments of insurance policies, environmental indemnity agreements, solicitors’ opinion letters, directors’ resolutions, and officers’ certificates. It also includes a sample opinion letter and sample borrower resolutions.
-
61855.02This paper provides an overview of commercial lending, including a discussion of Term Sheets and Loan Agreements. Following this overview, the author provides recommendations on the legal due diligence required in commercial lending transactions. The paper provides an analysis of the documentation required in a commercial mortgage transaction, including Non-Disturbance Agreements, a General Assignment of Rents and Leases, and Debentures. Commercial mortgage lending precedents are included. This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.
-
62149-GPPrice range: $35.00 through $95.00Explore common issues in commercial real estate and commercial leasing, including review of the agreement, due diligence and searches, closing, and reporting.
-
62496.04While every transaction for the purchase and sale of commercial property will need to be tailored to the specific situation, key provisions exist that should be included regardless of the value of the transaction, the parties involved, or the size or type of the subject commercial property. This paper explores these provisions, including conditions precedent, additional covenants, representations and warranties, default provision, closing mechanics, boilerplate clauses, and post-closing matters. The paper also includes a sample purchase and sale agreement. These materials are part of a collection presented at LESA’s Navigating Commercial Real Estate Transactions: Closing with Confidence program in Edmonton on May 7, 2025.
-
62149.01This paper provides a basic overview of the commercial real estate purchase and sale transaction process from start to finish, with practical information and pointers to help make sure the necessary steps and documents are handled in a timely manner. Topics include letters of intent, agreements, due diligence, waivers, deposits, closing documents, financing, title insurance, and trust conditions.
-
62390.04Lawyers and legal support staff form an essential partnership in facilitating successful commercial real estate transactions. This paper discusses the role of a lawyer in commercial real estate transactions and explores the collaboration between lawyers and legal support staff in this endeavour. This paper is part of a collection presented at LESA’s Commercial Real Estate for Legal Support Staff program in Edmonton on March 13, 2024.
-
32503.06Residential real estate conveyancers can run into challenges with tax issues. This paper explores a variety of issues with GST including the mechanics/accounting of GST, combination properties, GST new housing rebate, and GST searches. It also addresses non-resident vendor issues that can arise under Income Tax Act provisions. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
-
62147.03This short paper offers tips in 7 areas where counsel can take steps to maximize their client’s return on investment in the mediation process, whether they settle or not. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.