Publications
Section 195 of the Land Titles Act, Final Report 63
This report recommends that section 195 of the Land Titles Act be amended so that purchasers may rely on the Land Titles Office register. The amended section should make it clear that actual or constructive notice of an off-register interest does not affect a non-fraudulent purchaser who acquires an interest from the registered or caveated owner of the interest. This report contains a draft of an amended section 195. Section 195 protects the purchaser against finding that […]
AREA OF LAW | Property Real Property |
TAGS | Torrens, certificate, interest, Land, owner, Property, real, registration, title |
FORMAT | Publications |
FILE | fr063.pdf |
February 1, 1993
Mortgage Remedies in Alberta, Report for Discussion 9
This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties […]
AREA OF LAW | Property Real Property |
TAGS | borrower, mortgagor, lender, mortgagee, deficiency, transfer, mortgage, remedy |
FORMAT | Publications |
FILE | rfd9.pdf |
April 2, 1991
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 |
Towards a New Alberta Land Titles Act, Report for Discussion 8
This Report for Discussion accompanies the report of the Joint Land Titles Committee entitled Renovating the Foundation: Proposals for a Model Land Recording and Registration Act for the Provinces and Territories of Canada. The core of the Joint Committee’s report is a Model Land Recording and Registration Act. In this Report for Discussion we discuss some existing Alberta law and make some comparisons between it and the Model Act. We do so only to illuminate […]
AREA OF LAW | Property Real Property |
TAGS | certify, Torrens, recording, purchaser, fraud, interest, Land, registration, title |
FORMAT | Publications |
FILE | rfd8.pdf |
August 2, 1990
Trade Secrets, Final Report 46
The legal protection of trade secrets is a desirable objective for the law to pursue and requires improvement through the implementation of new civil and criminal law measures. This report recommends the creation of two new statutory torts to protect the plaintiff who is without an agreement that is governed by the general law of contract. The first tort is aimed at industrial espionage in relation to trade secrets and would make the acquisition of […]
AREA OF LAW | Property |
TAGS | confidence, disclosure, fiduciary, freedom, patent, privacy, tort, trade secret |
FORMAT | Publications |
FILE | fr046.pdf |
ENACTMENT |
Draft statute adopted by Uniform Law Conference of Canada, Victoria, BC, August 1987. |
July 1, 1986
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 […]
AREA OF LAW | Corporate and Commercial Property |
TAGS | contract, Evide, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
FORMAT | Publications |
FILE | fr044.pdf |
June 1, 1985
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 […]
AREA OF LAW | Corporate and Commercial Procedure Property |
TAGS | agency, agent, collection, Collection Practices Act, creditor, debt, debtor |
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
Compensation for Security Interests in Expropriated Land, Final Report 41
This report considers different approaches to compensation for expropriated land which is subject to one or more security interests, especially mortgages. Current to the publication of the report (May 1984), compensation in these cases was regulated by s 49 of the Expropriation Act, RSA 1980, c E-16. This compensation was based on the “market value” theory, under which the security holder was paid market value of the security interest attached to the land, and the […]
AREA OF LAW | Personal Property Property |
TAGS | compensation, expropriation, interest, mortgage, security, taking, valuation |
FORMAT | Publications |
FILE | fr041.pdf |
May 1, 1984
Compensation for Security Interests in Expropriated Land: Memorandum for Discussion
AREA OF LAW | Constitutional and Public Law Property Real Property |
TAGS | |
FORMAT | Publications |
FILE | urp-82_3-Security-Int-Expropriated-Land_Hurlburt.pdf |
August 3, 1982