Barry Chung, Author at Alberta Law Reform Institute

Powers and Procedures of Administrative Tribunals, Consultation Memorandum 13

Administrative tribunals have had an important role to play in interpretation and application of the law through their adjudicative functions. In their adjudicative role of government, they are also a primary contact for a proportion of the population, and they make decisions affecting the rights and interest of individuals and businesses. While the Administrative Procedures and Jurisdiction Act provides a set of Rules to guide tribunals in their decision making function, its provisions do not reflect the [...]

By Barry Chung|2021-02-09T11:32:25-07:00September 4th, 2008|Uncategorized|0 Comments

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 Barry Chung|2020-08-05T12:12:32-06:00May 4th, 2011|Uncategorized|0 Comments

Illegitimacy, Research Paper 10

At the time of publication, there was legal differentiation within Alberta based on a child's "legitimacy" or lack thereof; in other words, whether the child was "the offspring of [a] stable union" or not. This paper assesses the law relating to the determination of "legitimacy" (at the time of publication), the effect legitimacy had on one's legal standing in various situations, and possible approaches to reform with an eye to reducing the distinction between "legitimate" [...]

By Barry Chung|2021-02-08T13:52:30-07:00November 4th, 1975|Uncategorized|0 Comments

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 Barry Chung|2021-02-08T13:39:41-07:00November 4th, 1975|Uncategorized|0 Comments

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 Barry Chung|2021-02-08T13:39:53-07:00November 4th, 1975|Uncategorized|0 Comments

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 Barry Chung|2021-02-08T13:40:04-07:00November 4th, 1975|Uncategorized|0 Comments

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 Barry Chung|2021-02-08T13:40:19-07:00November 4th, 1975|Uncategorized|0 Comments

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 Barry Chung|2021-02-08T13:41:00-07:00November 4th, 1975|Uncategorized|0 Comments

Contract or Property Law; Form and Delivery of Lease; Right to Assign and Sublet, Research Paper 7

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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 Barry Chung|2021-02-08T13:41:10-07:00November 4th, 1975|Uncategorized|0 Comments

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 Barry Chung|2021-02-08T13:41:19-07:00November 4th, 1975|Uncategorized|0 Comments

About Barry Chung