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Alberta Non-Profit Corporations: Getting Legislation that Helps


In April 2013, The Muttart Foundation hosted a consultation conference in Banff, Alberta. The Alberta Law Reform Institute had the opportunity to meet with more than thirty experts from Non-Profit sectors across Canada, the United States, Australia, and the United Kingdom to exchange information and discuss the issues that Alberta Non-Profits face. This report summarizes the consultation and will be invaluable in guiding our recommendations in reforming the primary non-profit corporate legislation in Alberta, the Societies […]

AREA OF LAW Corporate and Commercial
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FORMAT Other
FILE Web-Paper_Alberta-Non-Profit-Corporations.pdf

September 8, 2013

Arbitration Act: Stay and Appeal Issues, Report for Discussion 24


Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so […]

AREA OF LAW Administration of Justice Constitutional and Public Law Corporate and Commercial
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FORMAT Publications
FILE RFD24_hyperlinks.pdf

August 2, 2012

Joint Ventures, Final Report 99


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 […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE FR-99_hyperlinks.pdf

July 1, 2012

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 […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE cm014.pdf

May 4, 2011

Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97


Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed […]

AREA OF LAW Corporate and Commercial Property Real Property
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FORMAT Publications
FILE fr97.pdf

October 29, 2009

Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21


This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE rfd021.pdf

March 2, 2009

Enforcement of Judgments, Final Report 94


This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation […]

AREA OF LAW Administration of Justice Corporate and Commercial
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FORMAT Publications
FILE fr094.pdf

September 29, 2008

Limitations Act – Standardizing Limitation Periods for Actions on Insurance Contracts, Final Report 90


Presently limitation periods for bringing actions against insurers for failing to honour insurance policies depends on the type of insurance. The Insurance Act contains statutory provisions that specifically set out limitation periods for certain types of insurance and requires other specific types of insurance policies to contain “Statutory Conditions” that prescribe their own limitation periods. Inconsistent limitation periods have caused confusion for both insured and for lawyers, and have resulted in a considerable amount of litigation over […]

AREA OF LAW Corporate and Commercial Limitation of Actions Procedure
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FORMAT Publications
FILE fr090.pdf

August 29, 2003

Creditor Access to Future Income Plans


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 […]

AREA OF LAW Corporate and Commercial Personal Property Property
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FORMAT Publications
FILE cm11.pdf

June 4, 2002