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62472.01Understanding the rights, responsibilities, and considerations of birthparents in the adoption process is important for providing accurate and informed legal advice. This paper explores key aspects of adoptions and birthparents’ rights and reviews the developments in the area with a focus on a recent Alberta Court of Appeal decision, Re A. (Adoption), 2024 ABCA 203. This paper was presented at LESA’s Birthparent Considerations in Adoption Law webinar on October 29, 2024.
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62454.01Civil litigators deal with a multitude of ethical dilemmas in their day-to-day practice. This paper explores a few common ethical issues litigators may face, including dealing with self-represented litigants, dealing with difficult counsel, dealing with difficult clients, and dealing with experts. This paper was presented at LESA’s Common Ethical Issues in Civil Litigation webinar on October 22, 2024.
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62458.04The duty of good faith and fair dealing plays a critical role in franchise relationships. This paper explores the general principles of good faith in franchising, focusing on the application of these principles to disputes involving termination and non-renewal of franchise agreements. This paper was presented at LESA’s Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You webinar on October 10, 2024.
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62458.03Franchise relationships can come to an end in a variety of ways, including expiry, non-renewal, and termination by the franchisor or the franchisee. The statutory and common law duties of fair dealing and good faith are often raised in court or arbitration when franchise relationships dissolve. This paper discusses general principles and recent Canadian decisions involving franchise terminations and renewals, including cases where injunctive relief was sought. This paper was presented at LESA’s Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You webinar on October 10, 2024.
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62458.02This paper explores the Franchises Act and relevant case law from the perspective of both a franchisor and franchisee. It highlights the challenges, risks, uncertainties, timing and procedures for proper disclosure, and the consequences for failure to meet all disclosure requirements. This paper was presented at LESA’s Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You webinar on October 10, 2024.
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62458.01The Alberta Franchises Act is designed to assist prospective franchisees in making informed investment decisions by ensuring they receive timely and comprehensive disclosure from franchisors. This paper outlines key provisions of the Alberta Franchises Act, with a focus on its disclosure requirements and their practical implications for both franchisors and franchisees. This paper was presented at LESA’s Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You webinar on October 10, 2024.
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62451.01This paper surveys several issues that condominium owners should be aware of (preferably before purchasing) but are often not, and ways that real estate lawyers can assist clients to better understand aspects of the property they own. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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62451.02This paper canvasses 20 topics that may be of benefit to real estate lawyers, including foreign ownership of land, consolidation of titles, separation of titles, resulting interest transfers, fiats, consent of spouse when executing under a power of attorney, co-tenancy and dower, Surrogate Digital System, and more. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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62451.03This paper explores the complexities of surface leases, rights of way, and right-of-entry orders, and also provides practical strategies for negotiating compensation, conducting rental reviews, and recovering unpaid arrears. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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62451.05These materials summarize seventeen cases all dealing with unique real estate issues. Topics canvassed include conflicts between municipal bylaws and restrictive covenants; obligations for environmental remediation; discharging of restrictive covenants; attempting to challenge municipal bylaws that restrict land use; postponing a vendor’s lien caveat in favour of a mortgage; breach of contract; contract interpretation; caveat missing from Land Titles Office; compensation for adverse effects caused by power transmission lines; interpretation of “time is of the essence” clause”; representations and misrepresentations; condominium bylaws, nuisance, and oppression by a condo corporation; unjust enrichment; and more. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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62451.06This paper explores the current legislation; remedies and factors for determining the appropriate remedy; inequal contribution, accounting and adjustments; partition and sale in the face of a co-ownership agreement; and partition and sale in the context of family property. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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62451.07The purchase and sale agreement is a document that facilitates a diverse range of transactions, from simple home purchases to highly complex commercial property sales. Effectively representing one’s client in real estate deals involves a familiarity with the areas of law that govern the agreements and an awareness of the breadth of due diligence activities required to ensure transactional transparency and representational accuracy. This paper explores key aspects of a purchase and sale agreement, focusing on due diligence, conditions, and representations and warranties. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
