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62297.01Whether a property is commercial, industrial, or even residential, environmental issues are becoming more common and more costly for a variety of parties that may be involved. This paper provides an overview of key environmental law concepts for real estate practitioners to help assist in recognizing the risks and identifying tools that lawyers can use to manage those issues. Topics include the foundational principle of “buyer beware, understanding environmental reports, clean-up and reporting obligations, landlord-tenant issues, and wetlands and water bodies. This paper was presented at LESA’s What Real Estate Lawyers Need to Know About Environmental Law webinar on December 5, 2022.
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61836.16This 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.
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62190.05This paper reviews landlord remedies for a tenant’s failure to pay rent or in the event of a fundamental breach of the lease, including an interviewing formal insolvency proceeding.
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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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61996.08Lawyers are tasked with the important roles of being effective advocates for their clients and serving the public’s interest. In fulfilling these roles, lawyers face considerable stress. Conflict with another lawyer on the opposing side of a file can add unnecessary stress, thereby negatively impacting the lawyer’s effectiveness and personal health. This paper briefly touches on important rules governing lawyer to lawyer relations in the Code of Conduct and provides clear strategies for creating better lawyer to lawyer relationships. In addition, the author explains trust conditions and undertakings and how to properly utilize and qualify them through laying out clear rules. Furthermore, this paper discusses how to go about reporting breaches of conduct, undertakings, or trust conditions. Sample undertakings that could be used as precedents are provided at the conclusion of the paper. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate program from April 24 - 26, 2016.
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61946.02This paper examines the standard of competence required when acting on a condominium conveyance, incidents of professional negligence related to condo deals, typical condo documents, including the Plan and CADS, certificates of title, bylaws, financial statements and budgets, minutes, management and rec agreements, estoppel certificates and other issues like reserve fund requirements and insurance.
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62074.04This 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.
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62084.05This paper discusses the implications of legalizing recreational cannabis on the commercial real estate industry. It includes considerations for cannabis retailers in leases, and highlights legislative and regulatory requirements with respect to cannabis retail space. It also provides tips for tenants to employ in offers to lease and negotiations. This paper is part of a collection presented at LESA’s Legalization of Marijuana program in Edmonton on May 17, 2018 and in Calgary on May 24, 2018.
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61837.03This paper discusses the standard of competence required of practitioners in the context of condominium conveyancing. It focuses on the most important documents to review in re-sale condominium transactions so that lawyers can better advise and protect their clients’ interests with particular focus on the requirements for the Reserve Funds of a condominium corporation. This paper was drawn from materials presented at the Condominiums program held in May 2012.
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61831.04Insurance 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.
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62074.05This 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.
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61946.05This paper examines all 3 of these types of condominium project. The paper reviews the mixed use condo, whether a non-residential condominium is available under the legislation, issues surrounding the combination of residential units with business units; it examines the governing documents in strata plans; and at issues surrounding the development of condominiums in phases, discussing the amendments to the Act that allow it.
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