The Law Society of Upper Canada 2002 Special Lectures is the first Special Lectures programme devoted to real estate in over 30 years. The material will be relevant to both solictors and barristers involved with real estate transactions or real estate litigation.

The Lectures carefully examine the legal and practical issues that lawyers need to master to properly advise clients who are negotiating, performing, enforcing, and litigating contracts for the purchase and sale of land. These materials will likely become the real estate reference of choice for years to come.

Program Chairs:

Paul M. Perell, WeirFoulds LLP
Sidney H. Troister, Torkin Manes Cohen Arbus LLP

Table of Contents

Preface

PART I: PARTIES--THE COMPLEXITIES OF WHO ARE AND WHO SHOULD BE PARTIES TO THE AGREEMENT FOR THE SALE OF LAND

Two Cheers for Certainty: The Rights and Liabilities of Undisclosed Parties
Benjamin Zarnett, Goodmans LLP

Conventional and Unconventional Parties: How Documents are Engrossed and Executed
Brian Bucknall, Osler, Hoskin & Harcourt LLP

Assignments of Contracts, Novation and Privity
Craig R. Carter, Fasken Martineau DuMoulin LLP

PART II: Caveat Emptor--The Complexities of the Life and the Death of Buyer Beware

Caveat Emptor: The Position at Common Law
John D. McCamus, Osgoode Hall Law School, York University

Drafting Purchase Agreements to Qualify or Extend Caveat Emptor
Bradley N. McLellan, WeirFoulds LLP

The Death of Caveat Emptor: Mandatory Warranties and Disclosure in New Home Transactions
Harry Herskowitz, of DelZotto, Zorzi with assistance from Richard Wong

PART III: The Complexities of the Quality, Quantity, and Utility of Land

Deconstructing Construction Liens
Duncan W. Glaholt, of Glaholt & Associates, and Markus Rotterdam

A Municipal and Planning Law Primer
Mary L. Flynn-Guglietti, McMillan Binch

Restrictive Covenants: The Basic Ingredients
Bruce H. Ziff, Faculty of Law, University of Alberta

Defining the Parcel: The Complexity Continues
Izaak de Rijcke, Barrister & Solicitor

Priorities and Competing Claims to Land
Paul M. Perell, WeirFoulds LLP

Title and Title Opinions
Delee A. Fromm, McCarthy Tétrault LLP

The Real Estate Lawyer's Duties: Defining the Duty with Reference to Elements of Proximity and Reliance
Andrew A. Sanfilippo, O'Donnell, Robertson & Sanfilippo

PART IV: The Complexities of Fixing the Real Estate Transaction That Has Gone Awry

So You're Not Closing!
Reuben M. Rosenblatt, Q.C., Minden, Gross, Grafstein & Greenstein LLP

Fraud in Real Estate Transactions: The Effects and the Remedies
Sidney H. Troister, Torkin Manes Cohen Arbus LLP

Saving the Deal with Title Insurance
Kathleen A. Waters, TitlePLUSAE, Lawyers' Professional Indemnity Company

PART V: The Complexities of Good Faith

Good Faith in Contract Law
Arnie Herschorn, Minden, Gross, Grafstein & Greenstein LLP

Good Faith and Contracts: Principles, Doctrines, and Other Considerations
Maurizio Romanin, Barrister & Solicitor

Part VI: The Complexities of Remedies for Real Estate Transactions

When Can a Purchaser Refuse to Close? Making Sense of Conflicting Trends in the Law of Fundamental Breach, Conditions, and Misrepresentation
Valerie A. Edwards, of Torkin Manes Cohen Arbus LLP, and Janice Grevler

Anticipatory Breaches and What to Do About Them
Silvana M. D'Alimonte, Blake, Cassels & Graydon LLP

Damages in Failed Real Estate Transactions
Roderic G. Ferguson, Q.C., of Ferguson Barristers, and Joyce M. Chun

Blackacre Had No Readily Available Equivalent: Specific Performance and Equitable Damages After Semelhago v. Paramadevan
Jeffrey W. Lem, Davies Ward Phillips & Vineberg LLP

Table of Cases
Index