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  • This paper dives into the seemingly subtle differences between land title assurance and title insurance. It explores the most common types of claims against the assurance fund, such as fraudulent documentation being accepted by the registrar, and explains the process for making a claim. The author concludes by outlining some of the items that are offered by titled insurers that are not covered under the LTO Assurance Fund. This paper was drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • After providing some background regarding the origins of title insurance in Alberta, this paper walks the reader through two scenarios that gave rise to claims for title insurance; one claim was honoured and the other was not. By distinguishing the facts of each case the author enables you to determine which cases will be eligible and which will not. This paper was drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • Selected Tax Matters Involving Transactions of Farm Properties By Jason M. Stephan This specialized paper will alert you to some of the unique tax considerations in farmland transactions. For instance, opportunities such as using the capital gains exemption and using intergenerational rollover provisions in farmland transactions are explored, along with issues relating to principal residences on the home quarter, and “change in use” of farmland from capital property to development land inventory. Selected GST Issues in Real Estate Transactions By Michel H. Bourque This paper provides an overview of GTS legislation that is relevant to real estate transactions. It also explores GST related issues that may be of interest to real estate practitioners. Tax Implications of Commercial Transaction, Non-Residency, and Trusts By Gary I. Biasini This paper explores some crucial income tax considerations in the disposition of property. One important consideration is whether the proceeds of the disposition will be taxed as income or capital. The paper canvasses the various factors that are considered in making this determination such as intention, nature of the business, and length of ownership. The author also explores the tax implications of non-residents of Canada dealing in real estate situated in Canada and the use of Bare Trusts in the real estate context. These papers were drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • Acting for a New Home Builder: Contractual and Closing Considerations By Bryce Milliken This riveting paper provides an excellent review of common contracts (including the Alberta Real Estate Association standard real estate contract and the Alberta New Home Warranty contract) encountered in the new home building industry. After teaching you all there is to know about standard contracts, the author focuses on some of the common closing issues that arise between lawyers and some of the pitfalls of financing a construction project with a purchaser’s draw mortgage. The Builders’ Lien Act – a Possible Landmine for Builders and Owners By W. Donald Goodfellow QC This paper canvasses the rights, responsibilities and obligations that builders and owners have under the Builders’ Lien Act. It touches on important questions such as who can file a builders’ lien, who constitutes an “owner” for the purpose of the legislation, and important differences between the major and minor lien fund. It also alerts readers to the common pitfalls involved in disbursing funds for purchasers and limited trust provisions available. Consumer Protection in the Home Building Industry By Schuyler V. Wensel QC This paper discusses the need for changes to residential construction practices. In particular, the author discusses potential legislative and regulatory changes likely to take place in the areas of consumer protection and recourse, accountability in the construction industry, training for construction workers, public education, and the inspection system. This paper is a must read if you want to know what’s coming down the pipes in the world of home building construction. Alternative Dispute Resolution of Disputes Arising from New Home Purchase Agreements By T. D. Hamill This paper addresses everything you ever wanted to know about alternative dispute resolution in the context of new home purchase agreements and warranty certificates. From the applicability of the Arbitration Act to new home purchases, to a conversation about arbitration agreements versus the Builders’ Lien Act, this is the paper for you if you want to understand the implications of arbitration clauses in new home purchase agreements.   These papers were drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.  
  • This paper provides a useful overview of the foreclosure sale process and distinguishes it from a standard closing sale. The purpose of the paper is to assist lawyers for the Buyer in understanding the risks involved in a sale within a foreclosure proceeding or after the financial institution has become the registered owner post-foreclosure. This paper was drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • This paper advances an intellectual conversation about the challenges of applying the common law of accretion within the Albert Torrens system. The author reviews the attempts of the court to reconcile the conflict between the law of accretion and Torrens based legislation and raises the question as to whether legislative reform is necessary. This paper was drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • The Standard AREA Residential Real Estate Purchase Contract by Lubos K. Pesta QC In particular, it discusses the creation of a new dedicated Residential Purchase Contract for Resale Condominium Property and the deletion of all condominium provisions from the generic resale contract. Compliance with the Dower Act in Residential Real Estate Transactions by Lubos K. Pesta QC and Rachel Woynorowski This paper examines the importance of complying with the Dower Act in residential real estate transactions. Specifically, it explores what rights are granted by the Dower Act, the actions required by the vendor to comply with the Dower Act, and the statutory and common law consequences of con-compliance with the Act. Trust Conditions by Jocelyn A. Frazer The Law Society of Alberta’s new Code of Conduct has had an impact on the use of trust conditions in real estate transactions in Alberta. This paper compares the new and old rules relating to trust conditions, reviews the law relating to trust conditions and undertakings, and identifies some of the more common difficulties Real Property Reports and Compliance by Douglas E. Ritzen This paper discusses the importance of Real Property Reports and Compliance Certificates. It then reviews some of the root causes of issues faced by lawyers when dealing with RPR’s, including signing the AREA Purchase Contract without a current RPR and Compliance, variable municipal requirements, and shortages in surveyor availability. The author proposes Title Insurance as a solution in some circumstances and makes some practical suggestions for dealing with common RPR and compliance issues.
  • Insurance is an important factor in a commercial lease as it is the main risk transfer mechanism to support the Indemnity Agreement. A clear and concise insurance clause included in the lease contract can ensure that insurance will respond to a claim situation as intended. This paper reviews the basics of the insurance coverage and insurance clauses generally referred to in the lease. It also provides tips for improving the insurance clause. This paper was drawn from materials presented at the Analyzing Commercial Lease Contracts seminar held in March 2012.  
  • This paper was drawn from materials presented at the Analyzing Commercial Lease Contracts seminar held in March 2012. It examines the topic of transfer provisions in commercial leases including the offer to lease, the definition of transfer, consenting to a transfer, and non-disturbance agreements.  
  • The full nature and extent of “Additional Rent” payable often remains elusive at the Offer to Lease stage, leaving the commercial leasing lawyer to get to its real meaning. Read this paper to develop a better understanding of operating costs, including particular inclusions, exclusions, and areas of dispute. This paper was drawn from materials presented at the Analyzing Commercial Lease Contracts seminar held in March 2012.  
  • This 3-part paper was drawn from materials presented at our Real Estate for Legal Support Staff program in October 2011. It is a great addition to any conveyancing library. Part 1 of this paper covers the basic commercial real estate transaction from start to finish, including tips for permit applications and dealing with municipal compliance. Part 2 of this paper focuses on development permit and compliance issues in residential real estate transactions. Part 3 looks at closing issues in real estate transactions—what can you do when things go wrong? Learn common seller’s problems, common buyer’s problems, and strategies for dealing with both.  
  • Whether you practice in commercial or residential real estate, this manual is for you. The Alberta Real Estate Practice Manual provides a comprehensive overview of real estate transactions in Alberta. Written by real estate practitioners from across the province, this publication follows the real estate deal from start to finish.