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  • 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.
  • 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.
  • 62032.01
    This is a collection of two related papers: Order of Documents on a Purchase File and Order of Documents on a Sale File. Both papers identify and provide a description of documents typically involved in a real estate purchase or sale from start to finish, and include suggestions for explaining each document to the client. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
  • 62032.02
    This paper serves as a reference for when, why, and how to use the Western Torrens Conveyancing Protocol (the “Protocol”). After providing some background information on the Protocol, it outlines situations when the Protocol can be used in a real estate transaction. This paper also provides a brief overview of how to close a transaction using the Protocol, and what to do if something goes wrong. It also provides some additional pointers on various aspects of a real estate transaction closing under the Protocol, including converting to a Protocol closing after submission for registration, closing date release issues, and a comparison of the Protocol vs. title insurance. This paper also includes a sample trust letter that includes trust conditions for closing using the Protocol. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.  
  • 62032.05
    This paper reviews the basics of mortgages for real estate transactions. It includes a discussion of common mortgage terms. It also provides an overview of the mortgage process when acting for the lender or when acting for the buyer, including receiving mortgage instructions, preparing documents, and requesting funds. Other considerations for dealing with mortgages, such as conflicts and fraud, are also discussed. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
  • OC-62025
    Lawyers are often called on by clients, friends, and family to answer legal questions in areas outside their primary area of practice. Learn how to competently answer some of the most frequently raised questions across a broad spectrum of practice areas, such as:
    • I have nothing to hide; why not tell the police everything?
    • My position has just changed; have I been constructively dismissed?
    • I just got fired; is this severance package “fair”?
    [embed width="640" height="480"]https://vimeo.com/211021650[/embed] Running Time: 5 hours, 26 minutes Date: March 2017 NOTE: LESA Library subscribers should check the Library for their special registration offer.  

    Please enter the first name, last name, and email of the person who will be viewing the Seminar on Demand in the billing details section on the next page. If multiple lawyers or staff members in your firm would like to access this on-demand program (recorded from a past in-person program), please contact [email protected] for pricing. Please note: The views and opinions of the presenters are their own and do not necessarily reflect the views or opinions of the Legal Education Society of Alberta.
  • 61996.16
    The purpose of the Foreign Ownership of Land Regulation, Alta Reg 160/1979, is to observe and control the amount of agricultural and recreational farm land acquired by non-Canadians. The Foreign Ownership of Land Regulation has only been discussed in passing in a handful of cases. As such, it can be difficult to navigate in practice. This paper provides an overview of the Foreign Ownership of Land Regulation and how it relates to the practical application of real estate transactions in Alberta. The author discusses a variety of issues, including controlled lands and persons affected, corporate entities and disclosure requirements, the process for reporting acquisitions and dispositions, penalties, exemptions, and foreign land ownership restrictions in other provinces. Furthermore, the author provides practice tips throughout the paper. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
  • 61996.14
    In Canada, the term “expropriation” refers to the right to take real property and the reciprocal right of the owner to be compensated for the loss. The jurisdiction to take land in Alberta is found in a number of enabling statutes. This paper focuses on the process of expropriation employed by municipalities in exercising powers under the Expropriation Act, RSA 2000, c E-13. The author also discusses principles which govern compensation from a practical perspective and touches on the appeals process. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
  • 61996.13
    Real estate transactions involving farm land can give rise to unique tax considerations and planning opportunities. In this paper, the author provides an in-depth discussion of some of these considerations and opportunities within the context of: (a) using the capital gains exemption in farm land transactions; (b) using intergenerational rollover provisions in farm land transactions (c) issues and opportunities relating to principal residencies on the home quarter; and (d) change in use from farm land to development land inventory. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
  • 61996.12
    This paper focuses on two key discussions relating to managing real estate transactions in Canada:
    1. Sale of Canadian real property by a non-resident vendor creates a potential tax obligation to Canada. In this first part, the author discusses non-resident vendors and the reporting requirements.
    2. Generally, all supplies of real property in Canada are taxable. The second part of this paper provides an overview of basic principles of GST and real estate transactions and discusses some intricacies associated with different types of property.
    In addition, the author discusses special tax deferral opportunities on the disposition of real estate.
    This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.