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So far Barry Chung has created 366 blog entries.

Non-Pecuniary Damages in Wrongful Death Actions, Final Report 66

This report recommends four significant changes in respect to recovery of damages for non-pecuniary loss in wrongful death action of the 1979 enacted section 8 of Fatal Accidents Act. First, the new term "damages for grief and loss of the guidance, care and companionship of the deceased" is used to describe more accurately what is being compensated. Second, the levels of damages (the existing level of damages has been rejected as totally inadequate) are raised to [...]

By |2021-01-21T13:05:24-07:00May 30th, 1993|Uncategorized|0 Comments
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Transfers of Investment Securities, Final Report 67

This report is long and presents a comprehensive review of the existing law governing transfers and pledges of investment securities in Alberta. It contains a detailed examination of a wide range of issues that relate to current securities trading and holding practices. It proposes that uniform legislation be developed in consultation with other Canadian jurisdictions, but does not include draft legislation. The Alberta Business Corporations Act is the current Alberta law governing transfers of investments securities and [...]

By |2021-09-23T10:50:59-06:00June 29th, 1993|Uncategorized|0 Comments
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Beneficiary Designations: RRSPs, RRIFs and Section 47 of the Trustee Act, Final Report 68

This report examines the issue whether section 47 of the Trustee Act ought to apply to RRSPs and RRIFs. It describes the scope and history of this project, looks at the existing law, and concludes that section 47 probably applies to RRSPs, even though its definition of "plan" does not mention them by name. The report also explores the fact that RRIFs as a type of "plan" within the meaning of section 47 is more doubtful. Arguments [...]

By |2020-05-29T15:23:10-06:00September 29th, 1993|Uncategorized|0 Comments
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Proposals for a Land Recording and Registration Act for Alberta, Final Report 69 Volume 1

Volume 1 of this report recommends that a new Land Recording and Registration Act be enacted to provide a modern and more efficient system of land recording and registration for Alberta. The new Act would replace the Land Titles Act (Alberta). The report contains a draft of the proposed Act. Parts 1 to 8 of the draft Act establish a reformed system of recording and registering interests in land which preserves the beneficial aspects of the existing system of [...]

By |2021-09-23T11:07:16-06:00October 29th, 1993|Uncategorized|0 Comments
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Mortgage Remedies in Alberta, Final Report 70

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 |2020-05-29T14:56:16-06:00June 29th, 1994|Uncategorized|0 Comments
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The Presumption of Crown Immunity, Final Report 71

Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification [...]

By |2021-09-23T13:05:11-06:00July 29th, 1994|Uncategorized|0 Comments
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Effect of Divorce on Wills, Final Report 72

In Alberta, divorce has no effect on a will made during marriage. If a person has made a will that leaves everything to their spouse, the will is not automatically revoked or otherwise affected by a subsequent divorce. If the person who made the will dies without changing their will or remarrying, everything would go to their former spouse in accordance with the pre-divorce will. In many Canadian and foreign jurisdictions the result would be [...]

By |2020-05-29T14:36:35-06:00November 1st, 1994|Uncategorized|0 Comments
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Revision of the Surrogate Rules, Final Report 73

This report aims to amend Alberta's outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is [...]

By |2020-05-29T14:26:46-06:00May 29th, 1996|Uncategorized|0 Comments
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Protection Against Domestic Abuse, Final Report 74

This Report has two primary aims. The first goal is to facilitate the ability of abused individuals to obtain and enforce orders to protect them from their abusers. The process presently in place requires a Court of Queen's Bench appearance, usually requires lawyers, and can be expensive. The report favours granting with the Provincial Court with the power to issue protection orders. This will lower the cost and expand the geographic accessibility of these orders. [...]

By |2022-09-22T15:08:34-06:00February 1st, 1997|Uncategorized|0 Comments
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