Areas of Law
Areas of Law
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  • 62064.06
    This paper provides tips for lawyers transitioning to the Alberta Land Titles Online (ALTO) system for real estate matters. The suggestions provided are based on the lessons learned from the author’s own transition to ALTO. The paper discusses implementing a pilot project prior to making a full transition to ALTO, planning for changes to lawyer involvement and processes, considering different technical options, understanding digital signatures, and more. This paper is part of a collection presented at LESA’s Real Estate Fundamentals program in Edmonton on April 17, 2018 and in Calgary on April 24, 2018.  
  • 62064.02
    This paper provides a how-to guide for running a real estate file when acting for the buyer. It provides tips and information for handling a file from start to finish, including receiving the purchase contract, conducting searches, reviewing and preparing purchase and mortgage documents, meeting with and reporting to clients, and requesting funds and closing. This paper is part of a collection presented at LESA’s Real Estate Fundamentals program in Edmonton on April 17, 2018 and in Calgary on April 24, 2018.  
  • 62064.01
    This paper provides a how-to guide for running a real estate file when acting for the seller. It provides tips for handling a file from start to finish, including information on title and tax searches, payout statements, Real Property Reports, trust letters, closings, and common problems and mistakes. It also includes recommended practice guides for Real Property Reports. This paper is part of a collection presented at LESA’s Real Estate Fundamentals program in Edmonton on April 17, 2018 and in Calgary on April 24, 2018.  
  • 62074.05
    This paper focuses on risk mitigation in condominium development. It identifies areas of post-developer conflict in condominium corporations, discusses the current state of the law, and considers potential solutions to dealing with condominium development conflict. Topics discussed include recent amendments to the Condominium Property Act, developer bylaws, payment of fees on undeveloped or incomplete units, bareland condominiums, purchase money held in trust, and more. The paper includes, as appendices, a draft originating application and accompanying affidavit to have trust money paid into court. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62074.04
    This paper examines liability risks to lawyers involved in real estate transactions, from the perspective of a foreclosure lawyer. It discusses the current state of the law with respect to lawyers’ negligence, including recent case law involving straw buyer mortgage fraud schemes. It also considers recent changes to the Condominium Property Act and potential issues that can arise when acting for a condominium developer. Finally, the paper provides strategies to employ to help avoid liability issues. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62074.03
    This paper reviews land use and environmental legislation and considers the impact on property ownership. In particular, the paper examines regional plans under the Alberta Land Stewardship Act, municipal planning and development plans under the Municipal Government Act, and land use bylaws. It discusses which plan prevails when there is a conflict of plans, and also highlights relevant case law. The paper also considers key provisions under the Environmental Protection and Enhancement Act that are of particular relevance to property ownership. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62074.02
    This paper highlights recent Alberta case law relevant to real estate lawyers. It summarizes the issues and facts involved in each case, and provides an analysis of the court’s decision to help lawyers inform their conveyancing practices. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
  • 62062.05
    This paper explores strategies for lawyers to employ when reviewing, negotiating, and executing renewable energy agreements. It provides an overview of the Alberta Electric System Operator bidding process for developers. It also discusses considerations for forms of agreement, such as option periods, construction periods, operations, and challenges. In addition, the paper flags issues to identify when reviewing potential agreements, and includes common clauses in wind development agreements. A sample option agreement is included as an appendix to the paper. This paper is part of a collection presented at LESA’s Family Farm Issues in Red Deer on October 27, 2017 and in Lethbridge on November 3, 2017.
  • 62062.02
    The occupation and use of rural land in Alberta is impacted, to some extent, by the proximity to a source of water for potable and irrigation use. This paper discusses the interplay of water law and rural property transactions in Alberta. It reviews the Water Act, RSA 2000, c W-3, and in that context, highlights topics including: deemed licenses, new licenses, and transfers and assignments. It also discusses the Irrigation Districts Act, RSA 2000, c I-11, with a particular focus on terminable water agreements, household purposes agreements, rural water use agreements, remote delivery agreements, alternate parcel irrigation agreements, and transfer of irrigation rights. This paper is part of a collection presented at LESA’s Family Farm Issues in Red Deer on October 27, 2017 and in Lethbridge on November 3, 2017.
  • 62045.01
    This paper discusses issues in drainage and wetlands law. The first part of the paper examines the law relating to water rights, with an emphasis on drainage and wetlands. The second part of the paper considers how lawyers can utilize demonstrative evidence as aids in litigation and regulatory matters relating to land and the environment. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.
  • 62047.06
    This paper provides an overview of some landlord considerations when drafting the terms of a lease agreement. In particular, it discusses the rent arbitration clause, including pitfalls to avoid and tips for drafting strong arbitration clauses. It also discusses rent restructuring, with a focus on ways to restructure rent and tips for drafting forbearance agreements. The paper includes a draft arbitration clause and a sample lease forbearance agreement. This paper is part of a collection presented at LESA’s Commercial Leasing Challenges seminar in Edmonton on June 6, 2017 and in Calgary on June 8, 2017.  
  • 62047.05
    Landlord Waiver agreements are common in commercial arrangements. This paper identifies some issues that can arise in the negotiation of Landlord Waivers and potential solutions. Those issues discussed include: notice of tenant default; definition of lender collateral; priorities; possession of the leased premises by the lender; assignability of lender’s rights; and registration of waiver on title, among others. The paper includes a sample Landlord Waiver. This paper is part of a collection presented at LESA’s Commercial Leasing Challenges seminar in Edmonton on June 6, 2017 and in Calgary on June 8, 2017.