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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The law of fraudulent preference and conveyances is outdated and still relies on the English¬†Fraudulent Conveyances Act, 1571.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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FORMAT Publications
FILE fr108.pdf

March 1, 2016

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
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FORMAT Publications
FILE rfd13.pdf

September 2, 1992

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

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 […]

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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

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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FORMAT Publications
FILE fr008.pdf
ENACTMENT

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

October 1, 1971