Publications
Arbitration Act: Stay and Appeal Issues, Report for Discussion 24
Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law Corporate and Commercial |
| TAGS | stay, Appeal, arbitration |
| FORMAT | Publications |
| FILE | RFD24_hyperlinks.pdf |
August 2, 2012
Joint Ventures, Final Report 99
Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. Final Report 99, Joint Ventures recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | 99, venture, arrangement, partnership, partner, business, commercial, joint |
| FORMAT | Publications |
| FILE | FR-99_hyperlinks.pdf |
July 1, 2012
Joint Ventures, Consultation Memorandum 14
Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. This report recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a partnership; and use […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | joint venture, shareholder, private, partnership, business, commercial, company, corporation |
| FORMAT | Publications |
| FILE | cm014.pdf |
May 4, 2011
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97
Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed […]
| AREA OF LAW | Corporate and Commercial Property Real Property |
| TAGS | paramadevan, real estate, remedies, contracts, purchaser, performance, supreme court, certificate, semelhago, Land, purchase, sale, title |
| FORMAT | Publications |
| FILE | fr97.pdf |
October 29, 2009
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21
This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | obligation, paramadevan, performance, semelhago, contract, damages, Land, purchase, remedy, sale |
| FORMAT | Publications |
| FILE | rfd021.pdf |
March 2, 2009
Enforcement of Judgments, Final Report 94
This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation […]
| AREA OF LAW | Administration of Justice Corporate and Commercial |
| TAGS | enforcement, judgement, money, jurisdiction, enforce, uniform, foreign, transfer, certainty |
| FORMAT | Publications |
| FILE | fr094.pdf |
September 29, 2008
Limitations Act – Standardizing Limitation Periods for Actions on Insurance Contracts, Final Report 90
Presently limitation periods for bringing actions against insurers for failing to honour insurance policies depends on the type of insurance. The Insurance Act contains statutory provisions that specifically set out limitation periods for certain types of insurance and requires other specific types of insurance policies to contain “Statutory Conditions” that prescribe their own limitation periods. Inconsistent limitation periods have caused confusion for both insured and for lawyers, and have resulted in a considerable amount of litigation over […]
| AREA OF LAW | Corporate and Commercial Limitation of Actions Procedure |
| TAGS | period, contract, insurance, Limitations |
| FORMAT | Publications |
| FILE | fr090.pdf |
August 29, 2003
Creditor Access to Future Income Plans, Consultation Memorandum 11
This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]
| AREA OF LAW | Corporate and Commercial Personal Property Property |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | cm11.pdf |
June 4, 2002
Standardizing Limitation Periods for Actions on Insurance Contracts, Consultation Memorandum 10
When the new Limitations Act came into force on March 1, 1999, a number of changes were made to the limitation law in Alberta. The limitation periods for actions on insurance contracts is in a state of confusion, several of the limitation periods that the Insurance Act prescribes are inconsistent with the general limitation periods in the Limitations Act. The scope of this project addresses issues which relate to rationalizing limitation periods for actions against insurers. The issues addressed and […]
| AREA OF LAW | Administration of Justice Corporate and Commercial Courts Limitation of Actions Procedure |
| TAGS | insurer, period, contract, insurance, Limitation |
| FORMAT | Publications |
| FILE | cm10.pdf |
December 4, 2001
Class Actions, Consultation Memorandum 9
This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]
December 4, 2000