Joint Ventures, Consultation Memorandum 14

Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. This report recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a partnership; and use [...]

By |2020-08-05T12:12:32-06:00May 4th, 2011|Uncategorized|0 Comments
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Contract or Property Law; Form and Delivery of Lease; Right to Assign and Sublet, Research Paper 7

The laws of contract and property are fundamentally different, with different common law, equitable, and statutory guarantees coming into play when dealing respectively with property and with a contract. The first part of this paper considers whether the relationship between landlord and tenant, as determined by the Residential Tenancies Act at the time of publication, should be regulated by the law of property or the law of contract, and how this regulation should work. The second part [...]

By |2021-02-08T13:41:10-07:00November 4th, 1975|Uncategorized|0 Comments
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Statute of Frauds and Related Legislation, Research Paper 12

This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in [...]

By |2021-02-08T13:53:52-07:00March 4th, 1979|Uncategorized|0 Comments
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The Operation of the Unsecured Creditors’ Remedies System in Alberta, Research Paper 16

A plaintiff who has obtained a monetary judgement as a result of a court case, but who has not yet received that money, is known as a "judgement creditor." This report is a survey of: whether judgement creditors made use of enforcement mechanisms to obtain their money; which remedies were used frequently, and which ones infrequently; how the remedies that were used operated, and how far they were carried; and how successful the remedy process [...]

By |2021-02-08T13:42:49-07:00March 3rd, 1986|Uncategorized|0 Comments
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Corporate Directors’ Liability, Research Paper 17

This paper addresses the question of the standard of care required from the directors of corporations. At the time of publication, there were different commonlaw rules about Corporate Directors' Liability in different jurisdictions: that in Alberta being that "a director is not expected to exhibit 'a greater degree of skill than may [reasonably] be expected from a person of his [sic] knowledge and experience'"; that in Delaware being much higher, that in Indiana being lower; [...]

By |2020-08-05T12:17:41-06:00February 3rd, 1989|Uncategorized|0 Comments
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Arbitration Act: Stay and Appeal Issues, Report for Discussion 24

Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so [...]

By |2020-08-05T12:18:32-06:00August 2nd, 2012|Uncategorized|0 Comments
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Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21

This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in [...]

By |2020-08-05T12:18:55-06:00March 2nd, 2009|Uncategorized|0 Comments
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Report on Liens, Report for Discussion 13

A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on [...]

By |2020-08-05T12:20:15-06:00September 2nd, 1992|Uncategorized|0 Comments
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Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Report for Discussion 5

Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: - a shareholder or director of that corporation or an affiliated corporation; - an associate of any or the above; or - a purchaser of shares of that corporation or an affiliated corporation if that corporation was not "solvent" as defined by the ABCA. The [...]

By |2023-01-27T10:55:47-07:00August 2nd, 1987|Uncategorized|0 Comments
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Remedies of Unsecured Creditors, Report for Discussion 3

This report is long and it examines the remedies available under the Alberta law to unsecured creditors for collection of their debts and makes tentative proposals for the reform of those remedies. It provides a description of the present system and criticism of it, and outlines the need for technical reform. The report examines the body of research on the kinds of debtors who are likely to get into legal trouble, as well as the [...]

By |2023-01-27T10:56:02-07:00May 2nd, 1986|Uncategorized|0 Comments
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