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  • When properly planned and executed, due diligence can reduce the likelihood of mistakes and unnecessary delays at closing, and ultimately result in tangible benefits to both the vendor and purchaser. This paper provides a step-by-step process to help commercial real estate lawyers thoroughly conduct due diligence. Precedents are included. This paper was presented at the Commercial Real Estate Transactions program in January, 2013.  
  • $45.00
    This 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.  
  • $65.00
    This paper provides an overview of commercial lending, including a discussion of Term Sheets and Loan Agreements. Following this overview, the author provides recommendations on the legal due diligence required in commercial lending transactions. The paper provides an analysis of the documentation required in a commercial mortgage transaction, including Non-Disturbance Agreements, a General Assignment of Rents and Leases, and Debentures. Commercial mortgage lending precedents are included. This paper was presented at our Land Mortgage Financing and Enforcement Fundamentals program in November of 2012.  
  • This 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.  
  • After a brief overview of the Western Law Societies’ Conveyancing Protocol, this paper presents practical tips for practitioners such as when one can use the protocol, making claims pursuant to the protocol, and dealing with Real Property Report compliance issues. This paper was presented at the Law and Practice Update program in November 2012.  
  • $35.00
    This paper outlines some of the typical tax issues facing a small or solo practitioner in general practice. Some of the topics covered include family tax, corporate tax, real estate taxation and tax issues related to wills and estates. The author also details a few new tax issues and useful planning ideas for the reader. This paper was presented at the Law and Practice Update program in November 2012.  
  • This paper provides valuable tips about the benefits of using technology in your real estate practice. The author itemizes and describes some of the IT tools available to real estate practitioners that are designed to help maintain a competitive and competent practice of law. This paper was drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • This 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.
  • After providing some background regarding the origins of title insurance in Alberta, this paper walks the reader through two scenarios that gave rise to claims for title insurance; one claim was honoured and the other was not. By distinguishing the facts of each case the author enables you to determine which cases will be eligible and which will not. This paper was drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • Selected Tax Matters Involving Transactions of Farm Properties By Jason M. Stephan This specialized paper will alert you to some of the unique tax considerations in farmland transactions. For instance, opportunities such as using the capital gains exemption and using intergenerational rollover provisions in farmland transactions are explored, along with issues relating to principal residences on the home quarter, and “change in use” of farmland from capital property to development land inventory. Selected GST Issues in Real Estate Transactions By Michel H. Bourque This paper provides an overview of GTS legislation that is relevant to real estate transactions. It also explores GST related issues that may be of interest to real estate practitioners. Tax Implications of Commercial Transaction, Non-Residency, and Trusts By Gary I. Biasini This paper explores some crucial income tax considerations in the disposition of property. One important consideration is whether the proceeds of the disposition will be taxed as income or capital. The paper canvasses the various factors that are considered in making this determination such as intention, nature of the business, and length of ownership. The author also explores the tax implications of non-residents of Canada dealing in real estate situated in Canada and the use of Bare Trusts in the real estate context. These papers were drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.