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62062.02The 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.
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62045.01This 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.
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62047.06This 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.
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62047.05Landlord 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.
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62047.03This paper addresses a number of topics related to commercial lease transfers, including the hybrid nature of leases, assignments, subleases, change of control, wrap-around leases, and non-disturbance agreements. 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.
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62047.02This paper reviews recent case law relating to commercial leasing and considers standard clauses in commercial leases that are often overlooked. In particular, it discusses security deposits and prepaid rent, sufficiency of premises descriptions, validity of lease caveats, conditions precedent to options, certainty of terms, fundamental breach, and lease rectification. 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.
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62047.01This paper highlights risk management considerations for both landlords and tenants to mitigate the risks inherent in commercial real estate. Some of the commercial tenant considerations and clauses discussed include: damage and destruction, right to terminate, rent abatement, force majeure, and destruction and catastrophic loss. Additional commercial landlord considerations discussed include: rebuilding clauses, tenant improvement, and rental loss insurance. 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.
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62044.06This paper discusses foreclosure remedies under the Law of Property Act and the Rules of Court. It outlines considerations for determining foreclosure relief, including types of mortgages, types of borrowers, and types of remedies available. It also discusses rights of redemption in foreclosure proceedings. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals program in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
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62044.05This paper considers a number of issues that may arise in foreclosure proceedings. Topics discussed include: redemption/relief against forefeiture, due on sale clauses, deceased mortgagors, non-resident defendants, written and implied consents for information, single family fire insurance, notification of lapse or termination of insurance, and condominium insurance. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
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62044.04This paper discusses the process to have funds paid out of court after a foreclosure sale. It considers potential creditors in a foreclosure proceeding, priorities, and exemptions under the Civil Enforcement Act. It also discusses the implication of Crown claims, certificates of lis pendens, and builders’ liens on such funds. The paper includes a sample application, affidavit, and order to have funds paid out of court. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
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62044.03Legal proceedings that involve self-represented parties bring unique challenges. This paper addresses how to effectively engage with self-represented litigants in foreclosure proceedings. It discusses privacy issues, considerations when advising self-represented litigants, and common concerns and responses of self-represented litigants. It also provides case law examples that may be relied on when dealing with parties taking advantage of their self-represented litigant status. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
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62044.02This paper discusses the processes and challenges in foreclosure proceedings involving condominium corporations and homeowners associations. It focuses particularly on the redemption order stage of the foreclosure process, which differs for condominium corporations and home owners associations from that of lenders. It also discusses the post-redemption order procedures, as well as costs in foreclosure proceedings. The paper includes the following samples: caveat, statement of claim, certificate of lis pendens, redemption order, and order for judicial listing. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
