Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Date
-
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.
-
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.
-
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.
-
61837.01This paper identifies the different types of condominiums used in Alberta, including building condominium plans, bare land condominium plans, and hybrid condominium plans. It then comments on the most notable features of each type and attaches samples of plans to illustrate those features. This paper was drawn from materials presented at the Condominiums program held in May 2012.
-
62093.05This paper reviews condominium insurance generally, and then highlights some specific issues in condominium coverage. Topics discussed include claims procedures, bylaw considerations, deductibles, and the duty to repair. This paper is part of a collection presented at LESA’s Condominium Law Update program in Calgary on September 26, 2018 and in Edmonton on October 10, 2018.
-
62074.03This 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.
-
61855.01This paper provides a checklist for the foreclosure process. The author also provides the requirements for litigation under conventional mortgages, CMHC mortgages and high ratio mortgages as well as the different options for court applications in the foreclosure process. The following foreclosure precedents are included: - Statement of Claim – Conventional Mortgage - Statement of Claim – High Ratio or CMHC Insured Mortgage - Noting in Default - Affidavit of Default - Notice of Application - Redemption Order – Listing - Redemption Order – Posting - Final Affidavit of Default - Order for Foreclosure - Order – Sale to Plaintiff Adjourn Judgment - Order – Sale to Plaintiff with Judgment - Order Confirming Sale and Vesting Title - Affidavit of Realtor - Affidavit of Posting - Affidavit of Search - Preservation Order - Affidavit in Support of Preservation Order - Redemption Order – Condominium Fees - Application Summary - Eviction Letter to Bailiff This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.
-
61855.03This paper addresses the important issues that may arise in a consumer mortgage financing. The author provides a detailed outline of the consumer mortgage process, including a review of the additional requirements with construction and condominium financings. This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.
-
61836.08bThis 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 was presented at LESA’s 45th Annual Refresher Course – Real Estate program on May 6 – 8, 2012.
-
32503.01While the preparation of mortgages is often delegated by lawyers to their paralegals or assistants, the lawyer must always review the mortgage instructions to ensure that he or she can fully and accurately report to the lender on the matters identified in those instructions, or whether s/he will need to seek amendments. Lender instructions have increased in scope and breadth over the past number of years, and lawyers are sometimes asked to provide opinions outside their area of expertise, on matters on which they do not have personal knowledge, or to assume responsibility for matters over which they do not have direct control. This paper provides a general discussion of common lender instruction requests and some pitfalls and problems relating to mortgages of which a conveyancing lawyer should be aware. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
-
32503.02While realtors are involved in the majority of real estate transactions in Alberta, sellers are increasingly seeking to reduce or eliminate real estate commissions on the sale of their properties. In addition, the internet has made it much easier for sellers to market their properties and locate buyers without the assistance of real estate agents. As a result, conveyancing lawyers are increasingly asked to act on private deals and sales of real property between family members where there is no realtor involved. This paper considers the challenges for lawyers that these deals may present. These materials are part of a collection presented at LESA’s Conveyancing program in Edmonton on June 17, 2025.
-
62097.02This paper highlights recent cases related to real property in Alberta and discusses their application to lawyers’ conveyancing practices. The cases reviewed address the following topics: joint tenancy, dower rights, adverse possession, construction of agreements, leases, title insurance, and protocol closings. This paper is part of a collection presented at LESA’s 8th Annual Law & Practice program in Calgary on October 5, 2018.
Prev
1
2
3
4
5
6
…
13
Next
