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||lien, non-consensual, retention, priority, perfection, claimant, secured, discharge, seizure, enforcement, attachment, buyer, claim, creditor, debt, debtor, goods, personal, Possession, Property, registration, termination|
September 2, 1992
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||bulk sale, buyer, credit, creditor, debtor, fraud, fraudulent, merchant, seller|
Miscellaneous Statutes Amendment Act, 1992, SA 1992, c 21, s 5 (repealed the Bulk Sales Act).
January 1, 1990
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||attachment, creditor, debtor, garnishment, pre-judgment, prejudgment, remedy|
Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15).
February 1, 1988
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||unsecured, assets, income, enforcement, remedies, rules, creditor, debtor, distribution, execution, proceeds|
May 2, 1986
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||unsecured, judgment, money, credit, creditor, debt, debtor, Land, Property|
March 3, 1986
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||agency, agent, collection, Collection Practices Act, creditor, debt, debtor|
See generally, Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15).
June 1, 1984
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 […]
|TAGS||assignment, credi, credit, debt, debtor, employee, industrial, law, salary, wage|
Wage Assignments Act, SA 1972, c 61 (now Fair Trading Act, RSA 2000, c F-2).
October 1, 1971
In early 1970 the ALRI was asked by the Attorney General of Alberta to study the Guarantees Acknowledgment Act, 1969, and to argue for its removal or preservation. The ALRI then examined various facets of the law related to this statute, sought and received the opinions of several practitioners, and subsequently provided several recommendations. The Guarantees Acknowledgment Act, 1969, should be retained, subject to certain amendments. First, guarantees given on the sale of any interest […]
|TAGS||debtor, defaul, fraud, guarantee, guarantor, liability, notary public, principal|
Principal recommendation for retention of Guarantees Acknowledgment Act (now RSA 2000, c G-11) accepted. Recommendations for incidental amendments not acted upon.
October 1, 1970