Publications

  • Filter by:

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The law of fraudulent preference and conveyances is outdated and still relies on the English¬†Fraudulent Conveyances Act, 1571.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 […]

TAGS , , , , , ,
FORMAT Publications
FILE fr108.pdf

March 1, 2016

Exemption of Future Income Plans, Final Report 91


This report considers whether registered retirement savings plans (RRSPs), deferred profit sharing plans (DPSPs), and registered retirement income funds (RRIFs) should be wholly or partly exempt from creditors’ remedies during the lifetime of the plan holder. This report also considers the exempt status of locked-in retirement accounts (LIRAs), life income funds (LIFs) and locked-in retirement income funds (LRIFs). Draft legislation is included. This report states that insurance and non-insurance RRSPs, DPSPs and RRIFs as defined […]

AREA OF LAW Wills and Succession
TAGS , , , , , , , , , , , , , , , ,
FORMAT Publications
FILE fr091.pdf

May 29, 2004

Exemption of Future Income Plans on Death, Final Report 92


This report deals with creditor protection upon death of the plan holder. The principle issue in this report is whether registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs) and deferred profit sharing plans (DPSPs) should be wholly or partially exempt from the remedies of the creditors of the deceased plan holder. Recommendations apply to all RRSPs, RRIFs and DPSPs and recommendations differ somewhat from the creditor protection that now exists for insurance RRSPs, […]

AREA OF LAW Wills and Succession
TAGS , , , , , , , , , , , , , , , , ,
FORMAT Publications
FILE fr092.pdf

Report on Liens, Report for Discussion 13


A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on […]

AREA OF LAW Constitutional and Public Law Corporate and Commercial
TAGS , , , , , , , , , , , , , , , , , , , , ,
FORMAT Publications
FILE rfd13.pdf

September 2, 1992

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 […]

TAGS , , , , , , , ,
FORMAT Publications
FILE fr056.pdf
ENACTMENT

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

January 1, 1990

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 […]

TAGS , , , , , ,
FORMAT Publications
FILE fr050.pdf
ENACTMENT

Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15).

February 1, 1988

Remedies of Unsecured Creditors


This report is long and it examines the remedies available under the Alberta law to unsecured creditors for collection of their debts and makes tentative proposals for the reform of those remedies. It provides a description of the present system and criticism of it, and outlines the need for technical reform. The report examines the body of research on the kinds of debtors who are likely to get into legal trouble, as well as the […]

TAGS , , , , , , , , , ,
FORMAT Publications
FILE rfd3.pdf

May 2, 1986

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
TAGS , , , , , , , ,
FORMAT Publications
FILE RPNo.16.pdf

March 3, 1986

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 […]

TAGS , , , , , ,
FORMAT Publications
FILE fr042.pdf
ENACTMENT

See generally, Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15).

June 1, 1984