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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.
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62496.03Proper due diligence is crucial in commercial real estate transactions. This paper provides practical insight and tips regarding the due diligence searches that lawyers should conduct, what to look for when reviewing the results, recommended steps if adverse information is uncovered, where and how to conduct the searches, and an estimate of the cost of each search. The paper also includes a due diligence checklist, a lease summary checklist, and a due diligence search details table. 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.
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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.
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62496.01This paper tracks the workflow for typical commercial real estate purchase and sale transactions and focuses on trust conditions, undertakings, and escrow agreements. It also includes a sample commercial real estate trust letter. 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.
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62491.01This paper highlights the critical considerations that lawyers should keep in mind when advising clients in rural property transactions in Alberta. It explores the unique regulatory framework, practical drafting concerns, due diligence requirements, and transactional processes relevant to these properties. This paper was presented at LESA’s Buying and Selling Rural Property: What Lawyers Should Know webinar on March 19, 2025.
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62481.01Lawyers who work with farmers, ranchers, or rural landowners in Alberta are likely to encounter surface leases and right-of-entry orders. Clients may also be approached by oil and gas companies seeking to negotiate surface leases for new developments. This paper explores the complexities of surface leases, rights of way, and right-of-entry orders, which are common in rural Alberta. This paper was presented at LESA’s Rural Property Issues: Surface Rights webinar on February 12, 2025.
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62476.01These 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.
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62451.01This 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.
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62451.02This paper canvasses 20 topics that may be of benefit to real estate lawyers, including foreign ownership of land, consolidation of titles, separation of titles, resulting interest transfers, fiats, consent of spouse when executing under a power of attorney, co-tenancy and dower, Surrogate Digital System, and more. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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62451.03This paper explores the complexities of surface leases, rights of way, and right-of-entry orders, and also provides practical strategies for negotiating compensation, conducting rental reviews, and recovering unpaid arrears. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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62451.05These materials summarize seventeen cases all dealing with unique real estate issues. Topics canvassed include conflicts between municipal bylaws and restrictive covenants; obligations for environmental remediation; discharging of restrictive covenants; attempting to challenge municipal bylaws that restrict land use; postponing a vendor’s lien caveat in favour of a mortgage; breach of contract; contract interpretation; caveat missing from Land Titles Office; compensation for adverse effects caused by power transmission lines; interpretation of “time is of the essence” clause”; representations and misrepresentations; condominium bylaws, nuisance, and oppression by a condo corporation; unjust enrichment; and more. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
