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62570.01Possession challenges can complicate the judicial sale process and create risk for both sellers and buyers. This paper explores those potential possession issues to help better understand the process so lawyers can navigate issues which may arise during the closing of these transactions. These materials were presented at LESA’s Foreclosures: Possession Issues During a Judicial Sale webinar on November 18, 2025.
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62569.01Foreclosure law is constantly evolving, are you up to date? This paper explores the case law in mortgage enforcement from the last 5 years and in particular looks at cases that provide exceptions to standard rules. These materials were presented at LESA’s Foreclosures: Case Law Update webinar on November 4, 2025.
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62559.01This paper explores how surplus funds deposited into court following a judicial sale in foreclosure proceedings are accessed and distributed. It outlines the practical steps required to have funds paid out of court or released from trust, with a focus on the relevant procedures, documentation, and best practices. These materials were presented at LESA’s Foreclosures: How to Recover Money That Has Been Paid into Court or is Being Held by a Law Firm webinar on October 23, 2025.
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62558.01This paper explores the judicial sales process, from obtaining a Redemption Order – Listing to an Order Confirming Sale and Vesting Title, and all steps in between. These materials were presented at LESA’s Foreclosures: Navigating Judicial Sales vs. Lender-Owned Sales webinar on September 25, 2025.
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62503.06Residential 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.
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62503.05Understanding what is needed to close a real estate transaction is fundamental for conveyancing lawyers. In Alberta there are three methods to close: a traditional closing, a title insured closing, and a “Protocol” closing. This paper provides an overview of each, along with a review of mortgage only transactions. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
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62503.04Conveyancing lawyers may encounter a number of issues when dealing with rural real estate. This paper addresses surface leases, water and water potability, septic systems, foreign ownership of land, specialized lender issues, and multi-party representation in smaller communities. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
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62503.03Conveyancing matters can have peculiar aspects. This paper is intended to help those new to residential conveyancing avoid the most common issues that can cause problems when dealing with mobile homes, remote signings, or trust safety issues. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
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62503.02While realtors are involved in the majority of real estate transactions in Alberta, sellers are increasingly seeking to reduce or eliminate real estate commissions on the sale of their properties. In addition, the internet has made it much easier for sellers to market their properties and locate buyers without the assistance of real estate agents. As a result, conveyancing lawyers are increasingly asked to act on private deals and sales of real property between family members where there is no realtor involved. This paper considers the challenges for lawyers that these deals may present. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
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62503.01While 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.
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62499.01When residential real estate deals go wrong due to hidden or obvious defects, the legal and financial stakes can be high. This paper explores the tools to mitigate risk and effectively advocate for clients when defects lead to disputes, with topics including disclosure obligations, legal remedies for undisclosed defects, and latent defects versus patent defects, while referencing four cases to review some authority from Alberta. These materials were presented at LESA’s Cassandra Sutter, JSS Barristers webinar on June 11, 2025.
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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.
