Areas of Law
Areas of Law
Content Type
Content Type
Tags
Author
Find by author/faculty...
Author
Date
Date
  • 61836.03
    This paper examines the importance of complying with the Dower Act in residential real estate transactions. Specifically, it explores what rights are granted by the Dower Act, the actions required by the vendor to comply with the Dower Act, and the statutory and common law consequences of con-compliance with the Act. This paper was presented at the 45th Annual Refresher Course - Real Estate on May 6-8, 2012.
    Minus Quantity- Plus Quantity+
  • 62093.04
    This paper addresses bylaw enforcement in condominiums, such as noise or odor complaints and tenant or pet evictions. It also discusses the process for dealing with bylaw breaches, including bringing an originating application to enforce a bylaw. 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.
    Minus Quantity- Plus Quantity+
  • 62213.01
    This paper explores recent condominium case law on short-term (i.e. AirBnB) rental restrictions, costs in litigation between condominium corporations and owners, statutory remedies under the Condominium Property Act, and builders’ liens. This paper was presented at LESA’s Condominium Law Update webinar on March 15, 2022.
    Minus Quantity- Plus Quantity+
  • 62476.01
    These materials summarize three cases that include comments on the application of condominium bylaws in relation to legal claims, the different obligations that flow to condominium corporations, the type of evidence that is required where unit owners bring claims of improper conduct, and the validity of caveats in the face of limitation periods. This paper was presented at LESA’s Condominium Case Law Update webinar on November 27, 2024.
    Minus Quantity- Plus Quantity+
  • 62451.01
    This paper surveys several issues that condominium owners should be aware of (preferably before purchasing) but are often not, and ways that real estate lawyers can assist clients to better understand aspects of the property they own. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
    Minus Quantity- Plus Quantity+
  • 61837.01
    This paper identifies the different types of condominiums used in Alberta, including building condominium plans, bare land condominium plans, and hybrid condominium plans. It then comments on the most notable features of each type and attaches samples of plans to illustrate those features. This paper was drawn from materials presented at the Condominiums program held in May 2012.
    Minus Quantity- Plus Quantity+
  • 62093.05
    This paper reviews condominium insurance generally, and then highlights some specific issues in condominium coverage. Topics discussed include claims procedures, bylaw considerations, deductibles, and the duty to repair. 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.
    Minus Quantity- Plus Quantity+
  • 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.  
    Minus Quantity- Plus Quantity+
  • 61855.01
    This paper provides a checklist for the foreclosure process. The author also provides the requirements for litigation under conventional mortgages, CMHC mortgages and high ratio mortgages as well as the different options for court applications in the foreclosure process. The following foreclosure precedents are included: - Statement of Claim – Conventional Mortgage - Statement of Claim – High Ratio or CMHC Insured Mortgage - Noting in Default - Affidavit of Default - Notice of Application - Redemption Order – Listing - Redemption Order – Posting - Final Affidavit of Default - Order for Foreclosure - Order – Sale to Plaintiff Adjourn Judgment - Order – Sale to Plaintiff with Judgment - Order Confirming Sale and Vesting Title - Affidavit of Realtor - Affidavit of Posting - Affidavit of Search - Preservation Order - Affidavit in Support of Preservation Order - Redemption Order – Condominium Fees - Application Summary - Eviction Letter to Bailiff This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.  
    Minus Quantity- Plus Quantity+
  • 61855.03
    This paper addresses the important issues that may arise in a consumer mortgage financing. The author provides a detailed outline of the consumer mortgage process, including a review of the additional requirements with construction and condominium financings. This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.  
    Minus Quantity- Plus Quantity+
  • 61836.08b
    This paper discusses the need for changes to residential construction practices. In particular, the author discusses potential legislative and regulatory changes likely to take place in the areas of consumer protection and recourse, accountability in the construction industry, training for construction workers, public education, and the inspection system. This paper was presented at LESA’s 45th Annual Refresher Course – Real Estate program on May 6 – 8, 2012.
    Minus Quantity- Plus Quantity+
  • 32503.01
    While the preparation of mortgages is often delegated by lawyers to their paralegals or assistants, the lawyer must always review the mortgage instructions to ensure that he or she can fully and accurately report to the lender on the matters identified in those instructions, or whether s/he will need to seek amendments. Lender instructions have increased in scope and breadth over the past number of years, and lawyers are sometimes asked to provide opinions outside their area of expertise, on matters on which they do not have personal knowledge, or to assume responsibility for matters over which they do not have direct control. This paper provides a general discussion of common lender instruction requests and some pitfalls and problems relating to mortgages of which a conveyancing lawyer should be aware. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
    Minus Quantity- Plus Quantity+