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Limited Liability Partnerships and Other Hybrid Business Entities, Issues Paper 4

At the time of this paper's publication, certain types of professionals (namely, accountants, lawyers, and certain health care professionals) were required to work in a setting of "unlimited liability," meaning that the individual professionals could be held liable for debts and other liabilities incurred by the company for which they worked. This paper addresses the issue of that unlimited liability, and suggests that there was a "liability crisis" at the time, and therefore an urgent [...]

By Barry Chung|2020-08-05T12:05:14-06:00March 4th, 1998|Uncategorized|0 Comments

Enduring Powers of Attorney, Issues Paper 5

The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the [...]

By Barry Chung|2020-08-05T12:05:22-06:00February 4th, 2002|Uncategorized|0 Comments

Division of Pension Benefits Upon Marriage Breakdown, Consultation Memorandum 1

This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are [...]

By Barry Chung|2021-02-10T14:29:26-07:00September 1st, 1995|Uncategorized|0 Comments

Reasonable Accommodation in the Workplace, Consultation Memorandum 2

This memorandum proposes to reform the duty of accommodation in the workplace. In order to help increase participation in the workforce by disabled person and members of other minority or disadvantaged groups. It proposes a duty of accommodation that would prohibit the exclusion of such persons from particular jobs where it is reasonably possible to provide accommodations that allow them to perform the necessary work. This report recommends the enactment of legislation creating an express [...]

By Barry Chung|2021-02-10T14:27:56-07:00November 1st, 1995|Uncategorized|0 Comments

Business Names Legislation, Consultation Memorandum 3

This paper considers the desirability and design of provincial legislation that pursues the regulation of business names and business name disclosure. Business name regulation is for the purpose of limiting the scope for confusion caused by the use of similar names. Business name disclosure requires that firms that use a business name disclose certain information about themselves to the public. This paper discusses the two objectives of business names legislation and then describes the general [...]

By Barry Chung|2021-02-10T14:30:03-07:00December 1st, 1996|Uncategorized|0 Comments

Should a Claim for Loss of a Chance of Future Earnings Survive Death?, Consultation Memorandum 4

This memorandum solicits the reader's views and comments on the following question: should a deceased person's estate be entitled to claim damages from a wrongdoer for the loss of the deceased person's chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person's death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages [...]

By Barry Chung|2021-02-10T14:29:00-07:00August 1st, 1997|Uncategorized|0 Comments

Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5

The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant's death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended [...]

By Barry Chung|2021-02-10T14:30:55-07:00December 1st, 1998|Uncategorized|0 Comments

Powers & Procedures for Administrative Agencies: MODEL CODE, Consultation Memorandum 6

The final product that arises from this consultation will be a comprehensive Model Code of Powers and Procedures, and an accompanying Annotation that sets out important case law that supplements or clarifies the rules. The Code will clarify the powers that already exist under the common law, and provide for additional powers necessary to the efficient and effective functioning of agencies. The code will not be a rigid set of rules that apply to every [...]

By Barry Chung|2021-02-10T14:28:30-07:00April 1st, 1999|Uncategorized|0 Comments

Trustee Investments Powers, Consultation Memorandum 7

A person who creates a trust is entitled to give the trustees investment powers that are as broad or as narrow as the trust creator considers appropriate. A trust portfolio consisting only of assets identified in section 5 of the Trustee Act would be described as conservative and over the long term the return on such a portfolio would be significantly lower than the return that an investor could realize by applying ordinary principles of long-term prudent [...]

By Barry Chung|2021-02-09T11:21:06-07:00September 4th, 1999|Uncategorized|0 Comments

Wills: Non-Compliance with Formalities, Consultation Memorandum 8

Wills are occasionally excluded from probate because their execution does not comply strictly with the formalities required by the Wills Act. This paper is to determine whether or not provision should be made for admitting to probate some or all wills that do not strictly comply with the formalities but which testators nonetheless intend to constitute their wills. This paper raises the question of whether or not some provisions should be made that would allow a [...]

By Barry Chung|2021-02-09T11:25:31-07:00December 4th, 1999|Uncategorized|0 Comments