Canadian Lawyer

July 2008

The most widely read magazine for Canadian lawyers

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REAL ESTATE The provincial government is telling us, 'Your title is good. Don't negotiate with the natives.' But beyond that we're not getting any assistance. Why isn't the gov- ernment standing behind us?" And the really bad news for real estate lawyers across Canada is that similar scenar- ios may soon unfold in a community near you, as First Nations groups, frustrated by generations of inac- tion over land claims, learn from the success of the Caledonia block- ages. Already the unrest has spread to nearby Brantford, where the city council has been seeking an injunc- tion against aboriginal protesters and warned in legal leadings that it may need help from the Canadian Forces. And in British Columbia, where there is already a history of blockades and protests over logging and ski resort developments, na- tive groups have warned of an aggres- sive campaign during the buildup to the Winter Olympics in 2010. "It's scary," says Toronto lawyer Bob Aaron, referring to a little-known land claim by the Mis- advise clients on the risks posed by land claims and what can be done to address these risks? To begin with, aboriginal law experts "The provincial government is telling us, 'Your title is good. Don't negotiate with the natives.' But beyond that we're not getting any assistance. Why isn't the government standing behind us?" — CALEDONIA, ONT., LAWYER RALPH BENEDICT sissaugas of New Credit to treaty rights over a good part of the city of Toronto. "It would be impossible to practise real estate in Ontario if no deal could close because of an allegation of a land claim." So what do real estate lawyers need to say it's important to understand that there are two kinds of claims: compre- hensive claims that are based on ancient rights that native people have never surrendered in any treaty or land deal; and specific claims, based on allegations that treaties have not been complied with. Historically, few treaties were made with the original in- habitants of British Columbia so that huge swaths of land there are potentially subject to comprehensive land claims, whereas land in the rest of Canada was handled through a bewildering array of treaties that now provide an abundant We can help extend your reach and enhance your client's success in Manitoba We work seamlessly with legal firms to serve business clients - in traditional as well as emerging industries. We can be the extension of your law firm's presence in Manitoba. Pitblado LLP's diversified team of lawyers is committed to delivering responsive and effective results. We have the knowledge and experience to find successful solutions for a wide range of legal challenges and to address the sophisticated needs of clients across the business spectrum. We can compliment your service requirements in our province with Pitblado's trusted integrated approach. www.pitblado.com 2500 - 360 Main Street, Winnipeg, Manitoba, Canada R3C 4H6 Tel. (204) 956-0560 Fax (204) 957-0227 Tel: 416.322.6111 Toll-free: 1.866.367.7648 www.doprocess.com www. C ANADIAN Law ye rmag.com JULY 2008 19 Happy clerk, Happy work. Our software improves quality of life. Industry leader in legal software for real estate, corporate and estates for over a decade The choice of 2500 law firms, The Conveyancer generates required documents (including lender forms), tracks undertakings, exchanges data with Teraview® (ON) and SPIN (AB) and integrates with four title insurers. Comprehensive corporate records software tracks changes and generates prescribed forms, registers, ledgers, share certificates, resolutions, minutes, correspondence, etc. Integrated e-filing and extracts. The Estate Administration module automates Rule 74/75 forms plus scores of letters and documents. The Estate Accounting module simplifies recording of financial transactions, and generates reports in "passing of accounts" format.

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