AREAS OF PRACTICE

We act for both buyers and sellers of new and used homes throughout Central Alberta. For most first-time homebuyers, the purchase of their first home is an exciting time. However, many homebuyers are surprised by the amount of legal “red tape” and new information they’re faced with in considering their purchase. For many, the most significant financial transaction up to this time may have been the purchase of a vehicle. In such a situation, it is a relatively straightforward and simple exchange of money for property. As you may already know, buying a home is a bit more complicated, but it’s our view that the lawyer’s job is to make your home purchase just as simple. Because this is probably one of the most significant financial events of your life, it is important that you are well informed about the whole transaction. As a lawyer, our job is not only to protect our client’s legal and financial interests, but we are also an integral player in the transaction whose job is also to answer any questions the client may have, work together with your Realtor and your bank or Mortgage Broker and help the client make sense of all the new information they are faced with.

Sully Chapman Beattie LLP represents a number of major home builders, developers and contractors who do business in Red Deer and the Central Alberta Region. In our capacity as their legal representative, we assist those clients with a wide range of issues pertaining to their businesses of contracting, development and sales: Transactions relating to land procurement and development; working with relevant municipal governments associated with development applications and permits; dealing with issues arising under Alberta’s Builder’s Lien Act, and all other related legal services as needed.

We commonly act on behalf of lending institutions where our clients are getting to finance to buy a home, property, or a business.  We also have experience acting for private lenders. Our role commonly includes the preparation and registration of the security documentation which includes mortgages, security agreements, guarantees, assignments, indemnities, and other related documents necessary for securing collateral for the loan.  This also includes registrations with Land Titles and Alberta’s Personal Property Registry.

• Providing legal counsel on the structure of the transaction whether it may be the purchase and sale of the business assets or the shares of the corporation, that best suits the clients’ needs and interest and assisting in negotiating the various terms of the agreement
• Drafting formal purchase agreements and all related documentation for the sale of a business as a going concern
• Confirming any potential risks and liabilities
• Reviewing and assessing the suitability of all representations and warranties in the purchase agreement
• Dealing with the purchaser’s lender where commercial financing is required
• Preparation of all documentation for the conveyance of all the capital assets of the business such as property titles, corporate shares, bills of sale
• Preparation of all corporate documentation related to the purchase or sale
• Handling all funds to be received or delivered in the transaction, paying secured creditors and receiving and relaying funds (for buyer)

Our firm acts for more than 500 corporations in the capacity as their legal counsel. The size of these corporate clients is many and varied: from sole or small shareholder “Mom & Pop” type operations to large multifaceted complex corporate structures involving amalgamated companies, holding companies, operating companies, family trusts and all combinations in between. We can register a company either in Alberta or Federally with the Government of Canada, depending on the nature and geographic scope of the business.

Not only are we the Registered Office for our client company, but we also attend to preparing all of the documentation necessary to filing an Annual Return to Alberta's corporate Registry in order to maintain our clients continued valid status as a company.

We are also experienced with the preparation of Shareholder’s Agreements, that provide many of the terms of the governance of the company including but not limited to restrictions on the transfer of shares, valuation methods and exit  strategies certainty between the shareholders in the circumstances of the death or disability of a shareholder, the provisions of a buy-out of one or more shareholders in the event of conflict.

At Sully Chapman Beattie LLP, we have experience with the preparation and negotiation of all types and forms of commercial Leases – whether the client is the landlord or tenant. We will assist in advising our client of all of the pertinent terms and conditions fundamental to the lease, as well as tailor a landlord’s lease to the specific use intended or for the particulars necessary of the property itself.

• Confidentiality and Non-Competition Agreements.
• Consulting and Employment Agreements.
• Demand Letters
• Notarial Certificates
• Travel Authorizations
• Independent Legal Advice Certificates

Monica Niederle has extensive experience with all matters related to Franchise law, acting for both the Franchisor and Franchisee. Her past experience includes acting as in-house legal counsel for a local business who now has franchises all of over Canada.

Having a properly constituted and valid legal will is the cornerstone of your Estate Planning. Many people spent the time and money to ensure that their life insurance is sufficient, their finances are arranged to provide for retirement and subsequent beneficiaries, but then they often forget to do a proper will. Without a valid will, an individuals property would be gifted in accordance with Alberta’s Intestate Succession Act. Contrary to popular misunderstanding however, the government does not get your property if you have no will – rather if you die intestate (without a will) this legislation provides the default rules for who will benefit from your estate.

If you have minor children, special provisions must be made through the contents of your Will to ensure that they and their entitlements are looked after by a Guardian and Trustee of your choosing and appointment. Without a valid Will appointing Guardians and Trustees for minor children, it is ultimately up to the Court to decide who best to look after the child(ren) and their Trust benefits.

There are many traps and pitfalls associated with using off-the-rack “legal will kits”, as well as opting to do your own holographic (handwritten) will: particularly if you have anything but simple gifting provisions. A properly drafted will, prepared by one of our lawyers is the best way to ensure the passing of your estate occurs exactly as you intend.

As part of your Estate plan, we will discuss the necessities of both an Enduring Power of Attorney and a Personal Health Directive. These documents are crucial to determining who will look after your personal and financial affairs in the event you suffer a medical event or injury that leaves you incapacitated.

We have experience with preparing the documentation necessary to the creation of these types of legal entities – which in many cases can be quite complex. Our firm works in consultation with the Client’s accountant or professional adviser in creating these structures with the intent of maximizing tax savings as provided for and allowed by Canada’s Income Tax Act.

If you find that you have been appointed the Executor or Personal Representative to someone’s estate – your first thought is that this is a huge and daunting task! To be sure, the administration of an estate creates specific legal duties upon the Executor – as well as an often significant administrative burden connected with the inventory and collection of the deceased’s assets and liabilities, the sale and transfer of same where necessary, and most importantly, the preparation of any and all documentation necessary in an application to the Court of Queen’s Bench for a Grant of Probate and Administration, or any other Court applications that may be necessary in the circumstances in order for the Executor to fulfill their duties.

We have the sufficient expertise and experience to assist the Executor with all facets of administrating an Estate to completion.