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  • This paper advances an intellectual conversation about the challenges of applying the common law of accretion within the Albert Torrens system. The author reviews the attempts of the court to reconcile the conflict between the law of accretion and Torrens based legislation and raises the question as to whether legislative reform is necessary. This paper was drawn from materials presented at the 45th Annual Refresher Course – Real Estate program held in May 2012.
  • The Standard AREA Residential Real Estate Purchase Contract by Lubos K. Pesta QC In particular, it discusses the creation of a new dedicated Residential Purchase Contract for Resale Condominium Property and the deletion of all condominium provisions from the generic resale contract. Compliance with the Dower Act in Residential Real Estate Transactions by Lubos K. Pesta QC and Rachel Woynorowski This paper examines the importance of complying with the Dower Act in residential real estate transactions. Specifically, it explores what rights are granted by the Dower Act, the actions required by the vendor to comply with the Dower Act, and the statutory and common law consequences of con-compliance with the Act. Trust Conditions by Jocelyn A. Frazer The Law Society of Alberta’s new Code of Conduct has had an impact on the use of trust conditions in real estate transactions in Alberta. This paper compares the new and old rules relating to trust conditions, reviews the law relating to trust conditions and undertakings, and identifies some of the more common difficulties Real Property Reports and Compliance by Douglas E. Ritzen This paper discusses the importance of Real Property Reports and Compliance Certificates. It then reviews some of the root causes of issues faced by lawyers when dealing with RPR’s, including signing the AREA Purchase Contract without a current RPR and Compliance, variable municipal requirements, and shortages in surveyor availability. The author proposes Title Insurance as a solution in some circumstances and makes some practical suggestions for dealing with common RPR and compliance issues.
  • Insurance 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.  
  • This paper was drawn from materials presented at the Analyzing Commercial Lease Contracts seminar held in March 2012. It examines the topic of transfer provisions in commercial leases including the offer to lease, the definition of transfer, consenting to a transfer, and non-disturbance agreements.  
  • The full nature and extent of “Additional Rent” payable often remains elusive at the Offer to Lease stage, leaving the commercial leasing lawyer to get to its real meaning. Read this paper to develop a better understanding of operating costs, including particular inclusions, exclusions, and areas of dispute. This paper was drawn from materials presented at the Analyzing Commercial Lease Contracts seminar held in March 2012.  
  • This 3-part paper was drawn from materials presented at our Real Estate for Legal Support Staff program in October 2011. It is a great addition to any conveyancing library. Part 1 of this paper covers the basic commercial real estate transaction from start to finish, including tips for permit applications and dealing with municipal compliance. Part 2 of this paper focuses on development permit and compliance issues in residential real estate transactions. Part 3 looks at closing issues in real estate transactions—what can you do when things go wrong? Learn common seller’s problems, common buyer’s problems, and strategies for dealing with both.  
  • The paper outlines the tools and approaches which can be taken in the land development process in relation to preserving the natural environment. In the course of this outline, the author discusses the implications these tools have for developing a built landscape. The overall focus of the paper is on the municipal power during subdivision to dedicate lands as environmental reserves, municipal and provincial wetland policies and other tools that may be used. The author then analyzes which preservation tools may be most appropriate in a certain circumstance. This paper was presented at LESA's Environmental Considerations in Land Development program in September of 2011.
  • The author of this paper discusses foreclosures of conventional and insured mortgages from the position of defendant's counsel, including defences to foreclosure and advising a client facing a deficiency judgment. This paper was presented at the Update 2011 program.
  • This paper outlines the issues a lawyer faces when acting for a lender in a residential real estate deal. The paper is intended to provide a reference guide for day-to-day practice in order to better serve a lending client and avoid potential liability, including a discussion on mortgage fraud. This paper was presented at the Real Estate Boot Camp program which was held in Edmonton on October 13, 2010 and in Calgary on October 20, 2010.