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Class Actions, Final Report 85


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 […]

AREA OF LAW Administration of Justice Corporate and Commercial Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE fr085.pdf

December 1, 2000

Cost of Credit Disclosure, Final Report 82


There is an inherent tension in cost of credit disclosure legislation. The legislative objective is to assist consumers in getting the information they need at the time they need it to make informed choices about whether to get credit and where to get it. Increasing the disclosure burden on credit grantors increases their costs, and credit grantors will naturally attempt to pass these costs on to consumers and the requirements will exceed the incremental benefit […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE fr082.pdf

February 29, 2000

Limited Liability Partnerships, Final Report 77


In Alberta, professionals conduct their trades through professional corporations, which do not entitle these professionals to the same types of limited liability protection enjoyed by shareholders in traditional business corporations. The issue this report considers is whether certain professions, which are currently required to practice in unlimited liability firms (such as accounting, legal, and health care), should be allowed to practice through limited liability firms. This report recommends that these professions, and all others, be […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE fr077.pdf

April 29, 1999

Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5


The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]

AREA OF LAW Administration of Justice Administrative Law Constitutional and Public Law Corporate and Commercial Court Rules & Procedure Courts Limitation of Actions Procedure
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FORMAT Publications
FILE cm5.pdf

December 1, 1998

Business Names Legislation, Consultation Memorandum 3


This paper considers the desirability and design of provincial legislation that pursues the regulation of business names and business name disclosure. Business name regulation is for the purpose of limiting the scope for confusion caused by the use of similar names. Business name disclosure requires that firms that use a business name disclose certain information about themselves to the public. This paper discusses the two objectives of business names legislation and then describes the general […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE cm3.pdf

December 1, 1996

Reasonable Accommodation in the Workplace, Consultation Memorandum 2


This memorandum proposes to reform the duty of accommodation in the workplace. In order to help increase participation in the workforce by disabled person and members of other minority or disadvantaged groups. It proposes a duty of accommodation that would prohibit the exclusion of such persons from particular jobs where it is reasonably possible to provide accommodations that allow them to perform the necessary work. This report recommends the enactment of legislation creating an express […]

AREA OF LAW Constitutional and Public Law Corporate and Commercial
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FORMAT Publications
FILE cm2.pdf

November 1, 1995

Transfers of Investment Securities, Final Report 67


This report is long and presents a comprehensive review of the existing law governing transfers and pledges of investment securities in Alberta. It contains a detailed examination of a wide range of issues that relate to current securities trading and holding practices. It proposes that uniform legislation be developed in consultation with other Canadian jurisdictions, but does not include draft legislation. The Alberta Business Corporations Act is the current Alberta law governing transfers of investments securities and […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE fr067.pdf

June 29, 1993

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

Enforcement of Money Judgements Volume 2, Final Report 61


The model Judgement Enforcement Act (“‘JEA) set out in this volume gives statutory expression to the recommendations in Volume 1, as well as the recommendations in Report No. 50, Prejudgment Remedies for Unsecured Claimants. We have drafted and published the model JEA with several objectives in mind.

AREA OF LAW Corporate and Commercial Procedure Property
TAGS
FORMAT Publications
FILE fr061-v2.pdf

March 1, 1991

Enforcement of Money Judgements Volume 1, Final Report 61


The model Judgment Enforcement Act (“‘JEA) set out in this volume gives statutory expression to the recommendations in Volume 1, as well as the recommendations in Report No. 50, Prejudgment Remedies for Unsecured Claimants. We have drafted and published the model JEA with several objectives in mind.

AREA OF LAW Corporate and Commercial Procedure Property
TAGS
FORMAT Publications
FILE fr061-v1.pdf

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