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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.
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62044.01This paper provides practitioners with a step by step guide through the foreclosure process. Steps discussed include sending a demand letter, commencing an action, gathering evidence, and bringing an application. The procedure after property has been listed for sale, assessment of costs, and writs of enforcement are also discussed. The paper includes a foreclosure fee and disbursement guideline and a bill of costs form. 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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62045.03This paper discusses compensation for rights-of-entry orders from the Surface Rights Board. It considers two recent and novel decisions relating to compensation for rights-of-entry from the Surface Rights Board, and explores how compensation for adverse effect and loss of use may be used to encourage better cleaning practices by operators. The paper also discusses injurious affection, in the context of recent case law, which makes it clear that it is the transmission line’s impact on the remaining land, and not on the financial position of the landowner, that is relevant. 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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62032.01This is a collection of two related papers: Order of Documents on a Purchase File and Order of Documents on a Sale File. Both papers identify and provide a description of documents typically involved in a real estate purchase or sale from start to finish, and include suggestions for explaining each document to the client. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
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62032.02This paper serves as a reference for when, why, and how to use the Western Torrens Conveyancing Protocol (the “Protocol”). After providing some background information on the Protocol, it outlines situations when the Protocol can be used in a real estate transaction. This paper also provides a brief overview of how to close a transaction using the Protocol, and what to do if something goes wrong. It also provides some additional pointers on various aspects of a real estate transaction closing under the Protocol, including converting to a Protocol closing after submission for registration, closing date release issues, and a comparison of the Protocol vs. title insurance. This paper also includes a sample trust letter that includes trust conditions for closing using the Protocol. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
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62032.05This paper reviews the basics of mortgages for real estate transactions. It includes a discussion of common mortgage terms. It also provides an overview of the mortgage process when acting for the lender or when acting for the buyer, including receiving mortgage instructions, preparing documents, and requesting funds. Other considerations for dealing with mortgages, such as conflicts and fraud, are also discussed. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
