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Order for Sale of Land (partition and sale) (193 downloads)

President
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BARR LLP
Edmonton, Alberta

Based on foreclosure precedents.

This precedent was first presented at LESA's Family Law: Chambers Advocacy and Practice Pointers seminar on April 21, 2017.

Download Order for Sale of Land - DOC file attached - Apr 17, 2017

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3 8 years ago

	Lorraine A. Stark Kobewka Stark Edmonton, Alberta Thank you! Much appreciated! Thank you! Much appreciated! Edit Reset 1 8 years ago

	Anonymous 2021 Other Region, Alberta Thank you for sharing this order's precedent. 💐 Thank you for sharing this order's precedent. 💐 Edit Reset 0 5 months ago

Shazia Umer

Umer Law
EDMONTON, Alberta

Hello, everyone. I would put a warning here to use this precedent with care. As Justice Kiss was dissatisfied with the language of this order, even though I attempted to use it for the sale of the family property and tried to adopt it as per my client's needs. When I appeared again because the court asked me to give notice to the bank, the bank's lawyer gave me no directions on how they needed the order to protect their interest until he showed up in the court, yet all of the blame fell on me for failing to provide the order in the right form. I thought the clauses pertaining to the land title and dower were standard, but they weren't, which the duty cousnel highlighted multiple times to add more deccorations to my competency certificate. Justice Mcguire went on to say that since I have not provided the order in the right form, my client is not entitled for the cost. I felt humiliated when the justice said that I have borderline competence in front of my client. I informed the judge right away that I would make the necessary adjustments in line with the bank's lawyer's request, to whom justice was completely deferential. I felt like a piece of trash since I don't have a big law firm behind me to support me like the way the bank had. Other lawyers, however, can get the order and the adjustments with all the respect and care just, while the treatment towards me always full of entertainment for the justices as they can hand out me the certificate of my competences in front of my clients, just becuase I do not fit into any of justices's criteria. Despite my best attempts to locate a standard order from this website and use some clauses from the order for the bank for listing the property. I was treated brutally because I had no idea what the judge would order. The duty counsel was laughing the entire time as soon as the justice highlighted that I couldn't provide the order, as if all of the mistakes were mine and I should have had the magical bowl in front of me to compose the final order that would satisfy the judge and what the bank would like to have on it. When asked if there was a precedent other the one that I have for this order, he answered, "I'll look into it for you." Interesting.

I must admit that I lack the skill many people have to cover up their shortcomings. Often, they point out the mistakes of others, believing that the other person hasn't noticed. I will get better at it after today's certificate of competence was given to me by Justice McGuire.

In fact, I have decided that as soon as I sensed that the Justice is leaning towards only what the duty counsel is saying and not giving any attention to my submission and dismissing all my reasonable submissions I am going to get off from the record so that my clietn could have the same benefit that the other party just got because of a duty counsel, especially when a duty counsel is representing a self representing litigent who had cause all the delays or made us to appear in the court. I had done that for a criminal file where the justice was rude to me just because I do not look like to them a lawyer. For the sake of my client, I am going to do the same for King's bench as well. They can keep all their supremacy for themselves, and I will ensure that my client receives the true remedy even if I have to get off from the record.

I must admit that I lack the skill many people have to cover up their shortcomings. Often, they point out the mistakes of others, believing that the other person hasn't noticed. I will get better at it after today's certificate of competence was given to me by Justice McGuire.

In fact, I have decided that as soon as I sensed that the Justice is leaning towards only what the duty counsel is saying and not giving any attention to my submission and dismissing all my reasonable submissions I am going to get off from the record so that my clietn could have the same benefit that the other party just got because of a duty counsel, especially when a duty counsel is representing a self representing litigent who had cause all the delays or made us to appear in the court. I had done that for a criminal file where the justice was rude to me just because I do not look like to them a lawyer. For the sake of my client, I am going to do the same for King's bench as well. They can keep all their supremacy for themselves, and I will ensure that my client receives the true remedy even if I have to get off from the record.

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0 5 months ago - edited 5 months ago

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