This presentation explores recent Alberta case law addressing: application of the Supreme Court of Canada’s decision in Redwater with respect to environmental obligations and environmental super priorities; the issue of lost caveats at Land Titles and obligations on purchasers to investigate underlying documents; amending legal descriptions to reflect a change in natural boundaries; and assessing damages for breach of a purchase agreement when there is a claim for specific performance. This on-demand program was originally presented as an in-person program on October 20 & 21, 2023 as part of our Real Estate Conference. Total running time is 51 minutes.

These on-demand programs provide invaluable insights into trends and red flags within real estate law.  The total running time for each presentation ranges between 50-90 minutes.

This paper consists of case summaries addressing the following: recent applications of the SCC’s decision in Redwater, lost caveats at Land Titles, dispensing with consent for registering a condominium plan, gross overriding royalties as an interest in land, actions against Land Titles, equitable mortgages, amending legal descriptions to reflect a change in natural boundaries, the Statute of Frauds, differences between and an agreement for sale and a rent to own agreement, severing joint tenancies after death, discharging Certificates of Lis Pendens, discharging restrictive covenants that conflict with a land use bylaw or statutory plan, interpreting easements, and assessing damages for breach of a purchase agreement when there is a claim for specific performance. This paper is part of a collection presented at LESA’s Real Estate Conference in Kananaskis on October 20 & 21, 2023.