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Advanced Real Estate Law

March 11, 2015 | 9.00 AM - 5.00 PM


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The Institute of Law Clerks of Ontario ("ILCO") is excited about offering a full day program on Advanced Real Estate Law.

David Kelman – Lawyer, Schwartz & Schwartz
Time is of the Essence: deadlines, dealings, and the clerk’s role when closing transactions.

You’re working on a closing and everything is moving along, until... 
The law clerk has an important role in safeguarding the client’s interests and protecting the lawyer when deadlines are set for you but couriers, banks and even the clients aren’t working on the same timelines as you.

Learning and discussion will include case law on how the courts view the “Time is of the Essence” clause, as well as concept of Anticipatory
Breach of Contract and the requirements of a tender of documents to safeguard the client’s legal position at closing.

Merilyn Thompson – Title Searcher, Fasken Martineau
Title Searching, Teraview PINs and the meanings of their labelling.

Title Searching for Law Clerks – What you should be doing to keep your lawyer out of trouble. How to read Teraview PINs, legal descriptions, reference, subdivision and condominium plans, what documents to look out for and what else you need to do to take good care of your client.

Harvey M. Haber, Q.C., LSM, Senior Partner (and) Lydia Pilch, Goldman Sloan Nash & Haber LLP
Helpful Commercial Leasing, Mediation & Arbitration Hints

  • Three Arbitrators – No Way!
  • Is there a difference between a mandatory mediation and an arbitration?
  • Can a landlord terminate a lease for wrongful payment of rent without giving notice?
  • If a tenant is in default in a payment of rent can a landlord seize the tenant’s goods, chattels and inventory?
  • Is a renewal and extension of a lease the same thing?
  • Is a guarantee and an indemnity of a lease the same thing?
  • Does it make a difference if a notice to renew or notice of extension is late by one day?
  • How should a tenant exercise a notice to renew or notice of extension?
  • If a tenant has been in default, and has cured the default, can the tenant still then exercise its right to renew or extend?
  • The term of the lease is for 5 years from January 1, 2012 – when does it end?

Purnima Kaul - Do Process Software
The Conveyancer – New Value Added Features

Kim Newman – Law Clerk, Stikeman Elliott LLP
Commercial / Industrial Purchase, Sale and Financing / Refinancing Transactions and How They Differ From Residential Transactions

  • What you need to know before beginning worka commercial industrial transaction
  • Discussion about how the due diligence process differs
  • Special consideration of other matters and cross-over with other areas of law.

Robert Clarke, First Canadian Title
Commercial Title Insurance

Key Title Insurance coverages that will make your life easier on acquisition and financing transactions.

Miriam Yosowish, Lawyer - Yosowich Patel
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What Law Clerks Need to Know When Dealing With Lenders

Lender Requirements, such as:

  • Execution searches
  • Requisition for funds
  • Reporting letters