The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50820
is designed to cover the actual costs the company has expended in acquiring the lease and in any work they have done, whereas that is arguably less than they would be allowed to receive under gen- eral common law and equity principles," says Mercier. Mercier maintains the amended act and regional plans will have a positive impact insofar as they clarify the gov- ernment's intentions with regard to land use. Lawyers will be able to demonstrate how a development proposal is or is not consistent with regional plans. "I believe that will help reduce the tensions that exist between landowners and oil and gas companies, because there's a better understanding from both sides as to what the rules of the game are." Certainly, for real estate practitioners TitlePlus_CL_Jan_10 12/15/09 10:00 AM Page 1 and lawyers dealing with any matters that involve land use, there will be a need for more due diligence as the legislation and the regional plans will present numerous new considerations to be addressed, as well as changes to pre-existing regula- tions and procedures. And the new com- pensation provisions, as well as disputes over land use restrictions, could mean more litigation. University of Calgary law professor Nigel Bankes comments in a blog entry: "I think that we can pretty much guarantee that this provision will create tremendous legal uncertainty and will lead to much costly litigation." In other words, Bankes states, the legislation will mean "lots of jobs for lawyers" — a comment that most mem- bers of the public would regard as a criticism, but may seem to lawyers like a great opportunity. Freelance journalist and business writer Kevin Marron can be reached at kevin@ kevinmarron.com. Built just for you Together we have all the tools The TitlePLUS® your clients from title risks.1 you, through our legal services coverage2 Program works with you to help protect With the right tools we assist , by reducing the inconvenience of dealing with a loss as the result of an error or omission in your real estate transactions. To ensure your clients get the most comprehensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® real estate partner! PROTECTION AS GOOD AS IT GETS 1-800-410-1013 1 titleplus.ca Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is a registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Manitoba, Alberta and Québec. 2 Excluding OwnerEXPRESS® policies and Québec policies. ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. www.CANADIAN Lawyermag.com JULY 2011 23