Extensive experience in Corporate and Commercial law. Ned is focused on the areas of lending and secured transactions, banking law, subdivisions and commercial real estate development.
Lectures, Speeches and Publications:
- Author, Pitblado Blog, "Keeping in Place an "Old Mortgage" When Paying Out the Mortgagee", April 2020
- Author, Pitblado Blog, "Trusts and Indefeasible Title Under The Torrens Landholding System", March 2020
- Author, Pitblado Blog, ""Outdated" Building Restriction Covenants", February 2020
- Author, Pitblado Blog, "Pre-Incorporation Contracts: A Trap for the Unwary", January 2020
- Author, Pitblado Blog, "Protection for "Protective Advances" in excess of a Mortgage's Face Amount", December 2019
- Author, Pitblado Blog, "More on Section 8 of the Canada Interest Act and Something about the "Indoor Management Rule", July 2019
- Author, Pitblado Blog, "The Exact Wording in an Indemnity Matters", July 2019
- Author, Pitblado Blog, "Courts' "Liberal" Interpretation of the Extent of Easements", May 2019
- Author, Pitblado Blog, "Seller Beware! - Be Careful What You Represent/Warrant", May 2019
- Author, Pitblado Blog, "Financing Construction Projects; Expansion of Builders' Liens Trust Benefits", February 2019
- Author, Pitblado Blog, "Just How Much Should Real Estate Salespersons Know About The Forms Of Contracts They Use?", February 2019
- Author, Pitblado Blog, "What is An Interest in Land and Why Does It Matter?", January 2019
- Author, Pitblado Blog, "Acting As One's Own Lawyer May Cause Problems", January 2019
- Author, Pitblado Blog, "Section 80 Of The Manitoba Real Property Act Means What It Says", November 2018
- Author, Pitblado Blog, "More On Section 4 Of The Canada Interest Act (Good News For Creditors!)", October 2018
- Author, Pitblado Blog, "Unconscionable Transactions” , September 2018
- Author, Pitblado Blog, "Security Interests In Serial Numbered Goods - More Problems", June 2018
- Author, Pitblado Blog, "Sharing Of Expenses Disputes In Condominium Projects - Part II", January 2018
- Author, Pitblado Blog, "Sharing Of Expenses Disputes In Condominium Projects - Part I", January 2018
- Author, Pitblado Blog, "Can A Mortgage Lender Be Held To Be An "Owner" Under The Builders' Liens Act?", November 2017
- Author, Pitblado Blog, "Beware of the Possibility of New Land Use Restrictions", July 2017
- Author, Pitblado Blog, "When is a Release Not a Release", June 2017
- Author, Pitblado Whitepaper, "Easements of Necessity: Subdivisions, Access, and Proper Planning", May 2017
- Author, Pitblado Whitepaper, "Easements and Agreements", March 2017
- Author, Pitblado Whitepaper, "Taking Security in Life Insurance Policies: The Importance of Carefully Examining Terms and Conditions", March 2017
- Author, Pitblado Blog, "Protecting Intellectual Property", September 2016
- Author Pitblado Blog, "What do "Title" and "Marketable" Title mean?", July 2016
- Author, Pitblado Blog, "”Hidden” Property Tax Liability on Certain Farm Realty”, June 2016
- Author, Pitblado Blog, "”Zero Interest” Loans”, May 2016
- Author, Pitblado Blog, “Non-Manitoba Incorporated Corporations: To Register or Not to Register in Manitoba?”, February 2016
- Ned writes case comments and articles dealing with his areas of preferred practice.
- Since 1989, he has given Law Society of Manitoba and Manitoba Bar Association lectures on such topics as survey law, legal opinions, real estate security, personal property security, security in investment property, “hot topics” in real estate, and, lending to First Nations [and First Nation’s controlled entities].
- For 18 years, he taught University of Manitoba Law School students the “Solicitors’ Transactions” course.
- Submissions to The Manitoba Law Reform Commission concerning:
(i) altering procedures for creation of building schemes;
(ii) possible changes to limitations of actions legislation; and
(iii) altering certain case law pertaining to the availability of specific performance in real estate transactions.
- Advising a chartered bank on the application of Manitoba Consumer Protection Law to certain goods leasing and secured credit transactions.
- Acting for developers and/or mortgage lenders for developers of multi-phase, multi-purpose condominium projects in Manitoba.
- Acting for purchasers and/or mortgagees of projects involving air space parcels.
- Acting for several national level institutional lenders to advise them from a Manitoba perspective as how to structure loan and security documentation.
- Advice to lenders and other secured creditors on workouts and security realizations.
- Advice to government officials and bank officers as to proposed legislation and proposed regulations relating to real and personal property security and credit matters.
- Assisting a group of major Canadian and foreign banks to obtain security on real and personal property assets in several provinces from customers dealing in agricultural products with credit limits of approximately $500,000,000.00.
- Assisting a group of Manitoba and Saskatchewan credit unions in financing the construction and development of a new sports/entertainment complex in downtown Winnipeg.
- Assisting a major Canadian chartered bank to obtain security on real estate assets in several provinces from real estate developer customers with credit limits ranging from $1,000,000.00 to $300,000,000.00.
- Advised a developer [and financier] of a wind powered electricity generating project and advised the provincial government on legislation pertaining to same.
- Advised both borrowers and lenders in the establishment and financing of First Nations’ development projects, including casinos.
- Advised developers of several life lease projects and advised the provincial government on legislation pertaining to same.
- Advised a lending institution on reverse mortgages and advised the provincial government on legislation pertaining to same.
- Advising a group of Manitoba credit unions in financing the acquisition of a professional hockey team in Winnipeg.
Memberships and Associations:
- Law Society of Manitoba
- Manitoba Bar Association
- Canadian Bar Association
- Co-Chairperson of the Real Property Section of the Manitoba Bar Association (since 1990)
- Chairperson or committee member of numerous of ad hoc committees, including committees considering revisions to the Manitoba Real Property Act (and certain related legislation), considering amendments and enhancements to the Manitoba Personal Property Security Act, considering Manitoba brokers’ mandated residential property offers to purchase, considering legal opinions to lenders, considering legislation pertaining to wind farms, considering City of Winnipeg mandatory zoning memoranda on certain property sales, considering residential property vendor disclosure, and considering adjustments on real estate ownership changes with respect to City of Winnipeg water meter readings.
Academic and Professional:
- Listed in Best Lawyers® as one of Canada’s top lawyers for Real Estate Law, Banking and Finance
- Listed in the Canadian Legal Lexpert® Directory as one of Canada’s top lawyers in the area of Property Development
- Recognized as Winnipeg’s “Lawyer of the Year” for 2013 in the area of Banking and Finance in the 2013 edition of The Best Lawyers in Canada® (Woodward/White)
- Recognized as Winnipeg’s “Lawyer of the Year” for 2010 in the area of Real Estate Law in the 2010 edition of The Best Lawyers in Canada® (Woodward/White)
Honours and Awards: