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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

Class Actions, Consultation Memorandum 9

This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation [...]

By Barry Chung|2021-02-09T11:26:59-07:00December 4th, 2000|Uncategorized|0 Comments

Standardizing Limitation Periods for Actions on Insurance Contracts, Consultation Memorandum 10

When the new Limitations Act came into force on March 1, 1999, a number of changes were made to the limitation law in Alberta. The limitation periods for actions on insurance contracts is in a state of confusion, several of the limitation periods that the Insurance Act prescribes are inconsistent with the general limitation periods in the Limitations Act. The scope of this project addresses issues which relate to rationalizing limitation periods for actions against insurers. The issues addressed and [...]

By Barry Chung|2021-02-09T11:29:54-07:00December 4th, 2001|Uncategorized|0 Comments

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 Barry Chung|2021-02-09T11:31:20-07:00June 4th, 2002|Uncategorized|0 Comments

Rules: Commencement of Proceedings in Queen’s Bench, Consultation Memorandum 12.1

There are two basic types of court proceedings in the Court of Queen's Bench: actions and applications. The General Rewrite Committee is of the view that the distinction between actions and applications should be retained. It favours having two ways to commence proceedings: one for actions and one for applications. It proposes to discard the archaic petition, and instead provide that in circumstances previously calling for the use of a petition, applications should be commenced [...]

By Barry Chung|2021-02-09T11:59:05-07:00October 4th, 2002|Uncategorized|0 Comments

Rules: Document Discovery and Examination for Discovery, Consultation Memorandum 12.2

Regarding the timeline for filing and serving an affidavit of records and the penalties for failing to comply with the rules in this regard, the Committee proposes that there be a specific onus on the party who failed to file the affidavit of records within the prescribed time to show why they should not incur a prescribed penalty. Regarding the appropriate scope of discovery of records the Committee proposes to keep the present test for [...]

By Barry Chung|2021-02-09T11:59:22-07:00October 4th, 2002|Uncategorized|0 Comments