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Proposals for a New Alberta Arbitration Act, Final Report 51

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Proposals for a New Alberta Arbitration Act, Final Report 51

This report considers the Arbitration Act, RSA 1980, c A-43, as it was current to the publication of the report. The report considers two principal difficulties users had with the Act: the fact that it left many practical problems unsolved; and the "unduly broad" scope for discretionary intervention by the courts, which would frustrate the desire of many arbitrating parties to avoid litigation. The report presents a draft Act, patterned on the UNCITRAL Model Law [...]

By pderas|2020-06-01T11:18:42-06:00October 1st, 1988|Uncategorized|0 Comments

Prejudgment Remedies for Unsecured Claimants, Final Report 50

This report is first in a series of final reports on the general topic of remedies of unsecured creditors. The report contains detailed recommendations for a legislative solution regarding the inadequacies identified in the available prejudgment remedies for unsecured claimants in Alberta. It details a variety of prejudgment remedies that currently exist and identifies as a problem the absence of any unifying principle in their application. There is discussion of the Mareva injunction, which has [...]

By pderas|2023-01-27T11:03:32-07:00February 1st, 1988|Uncategorized|0 Comments

Proposals for a New Alberta Incorporated Associations Act, Final Report 49

This report makes recommendations for the enactment of a new Incorporated Associations Act, which would repeal both the Companies Act and the Societies Act and apply only to true non-profit associations. The Act would not replace some specialized statutes such as the Cemetery Companies Act, the Co-operative Associations Act, and the Agricultural Societies Act and would not apply to non-profit corporations incorporated by the Legislature under special individual Acts. Many parts of the draft Act [...]

By pderas|2023-01-27T11:03:43-07:00March 1st, 1987|Uncategorized|0 Comments

Trade Secrets, Final Report 46

The legal protection of trade secrets is a desirable objective for the law to pursue and requires improvement through the implementation of new civil and criminal law measures. This report recommends the creation of two new statutory torts to protect the plaintiff who is without an agreement that is governed by the general law of contract. The first tort is aimed at industrial espionage in relation to trade secrets and would make the acquisition of [...]

By pderas|2020-06-01T12:03:37-06:00July 1st, 1986|Uncategorized|0 Comments

Enduring Powers of Attorney, Final Report 59

This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. [...]

By pderas|2021-01-21T13:09:53-07:00December 1st, 1990|Uncategorized|0 Comments

Status of Children: Revised Report, Final Report 45

This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in [...]

By pderas|2022-09-22T15:07:38-06:00November 1st, 1985|Uncategorized|0 Comments

Statute of Frauds and Related Legislation, Final Report 44

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 [...]

By pderas|2023-01-27T11:04:00-07:00June 1st, 1985|Uncategorized|0 Comments

Protection of Children’s Interests in Custody Disputes, Final Report 43

The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child's family and to form opinions as to where the child's best interests lie. A majority of cases utilizing an amicus curiae [...]

By pderas|2021-09-17T18:27:32-06:00October 1st, 1984|Uncategorized|0 Comments

Debt Collection Practices, Final Report 42

This report sets out a rules of conduct which will provide a firm and ascertainable legal basis for the conduct of private debt collection agencies and the debt collectors, and rules of conduct which should apply to everyone including collection agencies but also including creditors who collect their own debts. Proposed standards of conduct include prohibitions and obligations stated in simple and intelligible language so it will provide and efficient method of enforcement of the [...]

By pderas|2023-01-27T11:04:13-07:00June 1st, 1984|Uncategorized|0 Comments

Compensation for Security Interests in Expropriated Land, Final Report 41

This report considers different approaches to compensation for expropriated land which is subject to one or more security interests, especially mortgages. Current to the publication of the report (May 1984), compensation in these cases was regulated by s 49 of the Expropriation Act, RSA 1980, c E-16. This compensation was based on the "market value" theory, under which the security holder was paid market value of the security interest attached to the land, and the [...]

By pderas|2020-06-01T13:11:09-06:00May 1st, 1984|Uncategorized|0 Comments