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This paper reviews landlord remedies for a tenant’s failure to pay rent or in the event of a fundamental breach of the lease, including an interviewing formal insolvency proceeding.
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This paper provides an outline of how lenders approach providing financing to a commercial tenant, where the borrower has a leasehold interest in the property and, therefore, does not hold legal title. This paper is part of a collection presented at LESA’s Commercial Real Estate: Leasing program in Lake Louise on October 23, 2020.
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This paper examines ten of the most common issues which arise for lawyers representing purchasers in developer transactions.
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This paper examines three situations in condo conveyancing that have the potential to result in unexpected liabilities attaching to a unit. Specifically, special assessments under s. 39 of the Condominium Property Act, builders’ liens and arrears, fines and charge backs.
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This paper examines all 3 of these types of condominium project. The paper reviews the mixed use condo, whether a non-residential condominium is available under the legislation, issues surrounding the combination of residential units with business units; it examines the governing documents in strata plans; and at issues surrounding the development of condominiums in phases, discussing the amendments to the Act that allow it.
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This paper examines the blurred line between the categories of unit and common property, providing a detailed explanation of bare land units, exclusive use areas/leases of common areas, managed property, and common units.
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This paper examines the interplay between the Condominium Property Act and the New Home Buyer Protection Act. It identifies issues likely to be considered in the upcoming amendments to the Condominium Property Act and, finally, touches on some recent case law.
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This paper examines the standard of competence required when acting on a condominium conveyance, incidents of professional negligence related to condo deals, typical condo documents, including the Plan and CADS, certificates of title, bylaws, financial statements and budgets, minutes, management and rec agreements, estoppel certificates and other issues like reserve fund requirements and insurance.
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This short paper provides a brief introduction to commercial title insurance. Topics include covered risks, gap coverage, survey coverage, work order coverage, title fraud coverage, commercial endorsements, custom underwriting, and duty to defend This paper is part of a collection presented at LESA’s Commercial Real Estate for Legal Support Staff program in Edmonton on March 10, 2020.
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This 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.
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This short paper provides some basic tips for legal support staff and includes sample checklists for both asset and sale transaction documentation, searches, real property documentation for both sale and purchase transactions, and more.
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This 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.
