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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 […]

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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
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FORMAT Publications
FILE RPNo.16.pdf

March 3, 1986

Status of Children: Revised Report, Final Report 45


This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE fr045.pdf
ENACTMENT

Substantially enacted, pursuant to the recommendations in Report 60 by the Family and Domestic Relations Statutes Amendment Act, 1991, SA 1991, c 11 amending the Domestic Relations Act (now RSA 2000, c D-14, ss 50(1), 77-84); the Family Relief Act (now RSA 2000, c F-4, s 1(b)); and the Intestate Succession Act (now RSA 2000, c I-10, s 1(b)).

November 1, 1985

Enduring Powers of Attorney, Final Report 59


This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr059.pdf

Statute of Frauds and Related Legislation, Research Paper 12


This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]

AREA OF LAW Administration of Justice Corporate and Commercial Procedure Property Real Property
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FORMAT Publications
FILE RPNo.12.pdf

June 4, 1985

Statute of Frauds and Related Legislation, Final Report 44


This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts […]

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FORMAT Publications
FILE fr044.pdf

June 1, 1985

Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2


The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to […]

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FORMAT Publications
FILE rfd2.pdf

May 2, 1985

Survey of Adult Living Arrangements: A Technical Report, Research Paper 15


This paper is a survey of issues related to couples living together outside of marriage. It addresses the attitudes of non-maritally cohabitants toward relevant legal issues, the reasons that the couples chose to nonmaritally cohabitate, and the reasons that they chose to continue living that way. The survey also addresses the socio-economic characteristics of non-married and married cohabitants, as well as the characteristics of their family life.

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.15.pdf

November 3, 1984

Protection of Children’s Interests in Custody Disputes, Final Report 43


The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child’s family and to form opinions as to where the child’s best interests lie. A majority of cases utilizing an amicus curiae […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE fr043.pdf

October 1, 1984

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