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Reviewable Transactions, Final Report 108


The law of fraudulent preference and conveyances is outdated and still relies on the English¬†Fraudulent Conveyances Act, 1571. The law in this area also lacks a clear policy foundation and needs to be clarified and modernised. In 2012, the Uniform Law Conference of Canada recommended new legislation to update this area of the law. The Alberta Law Reform Institute has reviewed the work of the Uniform Law Conference of Canada and recommends that Alberta adopt […]

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FILE fr108.pdf

March 1, 2016

Cost of Credit Disclosure, Final Report 82


There is an inherent tension in cost of credit disclosure legislation. The legislative objective is to assist consumers in getting the information they need at the time they need it to make informed choices about whether to get credit and where to get it. Increasing the disclosure burden on credit grantors increases their costs, and credit grantors will naturally attempt to pass these costs on to consumers and the requirements will exceed the incremental benefit […]

AREA OF LAW Corporate and Commercial
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FILE fr082.pdf

February 29, 2000

The Bulk Sales Act, Final Report 56


The Bulk Sales Act, RSA 1980, c B-13, was created to protect the creditors of retailers who sell their stock and disappear before paying off their debts. The Act (as it was at the writing of this report) required that anyone buying an unusually large amount of a retailer’s stock and trade fixtures must first obtain a list of the retailer’s debts, and must pay the retailer’s creditors directly (or obtain their consent), before the […]

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ENACTMENT

Miscellaneous Statutes Amendment Act, 1992, SA 1992, c 21, s 5 (repealed the Bulk Sales Act).

January 1, 1990

The Operation of the Unsecured Creditors’ Remedies System in Alberta, Research Paper 16


A plaintiff who has obtained a monetary judgement as a result of a court case, but who has not yet received that money, is known as a “judgement creditor.” This report is a survey of: whether judgement creditors made use of enforcement mechanisms to obtain their money; which remedies were used frequently, and which ones infrequently; how the remedies that were used operated, and how far they were carried; and how successful the remedy process […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE RPNo.16.pdf

March 3, 1986

Assignment of Wages, Final Report 8


This report addresses the subject of determining what legislation, if any, should govern wage assignments. The primary recommendation is that irrevocable assignments of wages to secure payment of indebtedness be abolished by legislation, thus rendering them invalid. The report also makes alternative recommendations for regulation of the use of wage assignments if they are not abolished. It is recommended that an Act be passed to reform the law relating to assignments of wages, which term […]

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FILE fr008.pdf
ENACTMENT

Wage Assignments Act, SA 1972, c 61 (now Fair Trading Act, RSA 2000, c F-2).

October 1, 1971