Creditor Access to Future Income Plans, Consultation Memorandum 11

This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption [...]

By |2021-02-09T11:31:20-07:00June 4th, 2002|Uncategorized|0 Comments
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Rent Control: Security of Tenure, Research Paper 1

This paper, which is in two parts, addresses questions of governmental action to ensure the availability of affordable and secure housing. The first section of the paper addresses rent control, i.e. statutory control over how much a landlord may charge in rent. The paper discusses: different systems of rent control, arguments for and against rent control, alternatives to rent control, and, issues that must be addressed when considering rent control. The first section also includes [...]

By |2021-02-08T13:39:41-07:00November 4th, 1975|Uncategorized|0 Comments
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Entry of Landlord; Locks and Security Devices, Research Paper 2

This three-part paper, deals with the different rules that govern who may or may not enter leased property. Each section surveys the statutory provisions (regulating the issue in question) of various jurisdictions throughout Canada at the time of publication, and lists issues relating to the question covered in the section. The first section of the paper addresses the right of the tenant to exclude entry by the landlord and his or her agents. The second [...]

By |2021-02-08T13:39:53-07:00November 4th, 1975|Uncategorized|0 Comments
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Obligation to Repair; Security Deposits, Research Paper 3

This paper addresses the three somewhat disparate issues listed in the title. The first section of the paper surveys the common law rules (throughout Canada) and statutory rules of several jurisdictions within Canada (at the time of publication) regulating the duties of a landlord and tenant to maintain and repair certain parts of leased property (and associated properties, such as elevators, hallways, parking stalls, etc.). Issues that must be addressed when considering these rules are [...]

By |2021-02-08T13:40:04-07:00November 4th, 1975|Uncategorized|0 Comments
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Termination Procedures; Failure of Tenants to Pay Rent; Overholding Tenants, Research Paper 4

This paper deals generally with issues that arise at the ending of the legal relationship between a landlord and a tenant. Each section of the paper includes an informative introduction, a survey of legal rules throughout jurisdictions in Canada (at the time of publication), and issues raised around the topic of the section. The first section of this paper deals generally with the termination of the landlord and tenant relationship, and specifically with three aspects [...]

By |2021-02-08T13:40:19-07:00November 4th, 1975|Uncategorized|0 Comments
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Resolution of Disputes; Landlord and Tenant (Advisory) Boards; Distress, Research Paper 6

This paper addresses several issues related to the resolution of disputes between landlords and tenants, and is broken into three sections. The first section is a broad overview of extra-judicial processes for resolving disputes between landlords and tenants, and includes and overview of the process as conducted in Alberta at the time of publication, as well as a listing of issues relevant to any similar dispute resolution process. The second section is a survey of [...]

By |2021-02-08T13:41:00-07:00November 4th, 1975|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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Residential Tenancies Project: Mobile Homes, Research Paper 8

This paper addresses the potential problems (as of the time of publication) of individuals who own a mobile home located on rented land. This situation is unique in that it has some similarities to home ownership, and some similarities to renting. The paper considers the issues related to this type of ownership, and the statutory responses to it in the United States, the United Kingdom, and some jurisdictions of Canada. Included are some requirements for [...]

By |2021-02-08T13:41:19-07:00November 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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Mortgage Remedies in Alberta, Report for Discussion 9

This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties [...]

By |2021-01-25T14:53:06-07:00April 2nd, 1991|Uncategorized|0 Comments
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