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 […]

June 1, 1984

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 […]

May 1, 1984

Judicial Review of Administrative Action: Application for Judicial Review, Final Report 40

This report address the problem of a person who wants judicial review of an administrative decision, action or refusal. There is a variety of procedures to choose from, but if the wrong choice is made there is the possibility of delay, incurred cost, and loss of remedy. This report recommends substituting the several existing procedures with one simple procedure in which the claimant can obtain any and all of the judicial review remedies to which […]

March 2, 1984

Defences to Provincial Charges, Final Report 39

This report deals with charges of “provincial offences” which are offences under “enactments” (e.g. Alberta statutes, orders-in-council, regulations and municipal by-laws). True criminal offences are covered by the Criminal Code of Canada and some other federal legislation. A draft of proposed amendments to the Summary Convictions Act is attached. This report recommends that the three categories of regulatory offences (mens rea, absolute liability, and strict liability) be retained and that tests for them are established […]

March 1, 1984

Protection of Trade Secrets, Report for Discussion 1

There is presently no single body of law governing the circumstances under which trade secrets are legally protectable. The Criminal Code does not recognize theft of a trade secret as an offence. A person must therefore rely upon the law of contract or, in a case where there is no contract, equity. There are major problems with the current causes of action as far as they apply to protection of trade secrets. This report recommends […]

February 2, 1984

The Uniform Sale of Goods Act, Final Report 38

This report evaluates the Uniform Sale of Goods Act and considers whether it should be recommended to the Government of Alberta for legislative adoption. It covers the evolution of the Ontario Report, its referral to the Uniform Law Conference, and addresses whether there exists a need to amend or repeal the Sale of Goods Act in Alberta. The report recommends that Alberta adopt the Uniform Sale of Goods Act since on the whole it would […]

October 1, 1982

The Uniform Evidence Act 1981: A Basis for Uniform Evidence Legislation, Final Report 37a

This report briefly presents the state of the law of evidence and the reform proposal that precipitated the evidence project of the Uniform Law conference of Canada. The report describes the Uniform Evidence Act and recommends that Parliament and the Legislatures enact uniform evidence legislation based on the Act. The Senate or a committee of the Senate should review the rules of evidence that the Uniform Evidence Act would apply to criminal proceedings and make […]

June 1, 1982

Evidence and Related Subjects: Specific Proposals for Alberta Legislation, Final Report 37b

This companion report makes detailed recommendations for Alberta specific evidence legislation. The Alberta Legislature should not enact the Uniform Evidence Act word for word as it is a composite Act that contains some provisions that are appropriate only for federal legislation and would not fit in with existing Alberta legislation. Some changes of substance should be made in it. This report discusses a number of specific policy issues and recommends some changes to the areas […]

Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved: Volume 1 Summary Report, Volume 2 Technical Reports, Research Paper 13

This report was created in order to aid the reform of the matrimonial and child support system in Alberta. Before its publication, there was little data regarding the reasons for failure in the (then) extant system. The report analyzes data from the Supreme Court (now Court of Queen’s Bench) in Edmonton and Calgary, the Family Courts in Edmonton, Calgary, Lethbridge, and Grande Prairie, door-to-door surveys of those involved with maintenance orders, and a study of […]

March 3, 1981

Proposals for a New Alberta Business Corporations Act Volume 2, Final Report 36

This two-volume set puts forth proposals for an Act to reform the law of Alberta relating to business corporations. This second volume contains the draft Alberta Business Corporations Act together with comments on many of the sections. The comments cover some of the subject matter addressed in the first volume of the Report, but their purpose is to explain the relationship of the sections of the Act to each other and to the principles and […]

August 1, 1980