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  • This paper provides a review of five recent foreclosures cases, focusing on: (1) the interplay with the Interest Act; (2) second mortgages and guarantees; (3) inadvertent discharge of a mortgage; (4) whether a discharged mortgage could be registered by caveat to preserve the rights of a mortgagee; and (5) deemed trusts. This paper was presented at LESA’s Foreclosures – Beyond the Basics webinar series in November, 2021.
  • When lawyers are retained or consulted by a borrower who is in foreclosure, they may ask themselves whether to file a Statement of Defense. This paper covers possible defenses in a foreclosure action. It also explores situations when lawyers should not file a Statement of Defense and other potential defenses that will result only in an increase of the costs of the foreclosure proceedings. This paper was presented at LESA’s Foreclosures – Beyond the Basics webinar series in November, 2021.
  • Designed from the perspective of lawyers acting for potential buyers, this paper outlines the foreclosure sale process generally. It also provides guidance to properly advise clients of the potential risks and other considerations when purchasing a property involved in a foreclosure proceeding. This paper was presented at LESA’s Foreclosures – Beyond the Basics webinar series in November, 2021.
  • In most cases, dealing with registrations on title in a foreclosure matter is relatively straightforward. Typically, the maxim of “redeem up, foreclose down” lends itself to an easy solution when inspecting title. If a registration falls behind your client’s mortgage, you don’t need to worry about it for the purposes of taking title or conveying title. Condominium caveats and Notices of Security Interests represent a departure from this general proposition. This paper summarizes the current law regarding these types of interests, while also providing some potential solutions to resolving issues that may arise. This paper was presented at LESA’s Foreclosures – Beyond the Basics webinar series in November, 2021.
  • $35.00
    Surveying prompt payment schemes in other countries and provinces of Canada, this paper discusses Alberta’s Prompt Payment and Construction Lien Act. It also provides an overview of key features of this new piece of legislation. This paper was presented at LESA’s Debtor/Creditor Disputes webinar on May 11, 2021.
  • $65.00
    This paper provides an overview of the negotiations of the commercial lease after the offer to lease has been executed. Common areas of contention, including operating costs, relocation, use, and default clauses, are analyzed from both the tenant and landlord perspective. This paper is part of a collection presented at LESA’s Commercial Real Estate: Leasing program in Lake Louise on October 23, 2020.
  • This paper provides an overview of the legislation and case law respecting force majeure clauses in commercial leases, particularly in the context of the COVID-19 pandemic. This paper is part of a collection presented at LESA’s Commercial Real Estate: Leasing program in Lake Louise on October 23, 2020.
  • This paper provides an overview of the Letter of Intent and the Offer to Lease in the commercial leasing context. This paper is part of a collection presented at LESA’s Commercial Real Estate: Leasing program in Lake Louise on October 23, 2020.