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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

March 4, 1979

The Builders’ Lien Act: Certain Specific Problems, Final Report 30


This report recommends several amendments to the Builders’ Lien Act and also briefly discusses whether a Builders’ Lien Act is necessary or should be repealed. A draft Builders’ Lien Amendment Act is attached. This report recommends that the period of time that the holdback or lien fund must be retained by the owner is 35 days after abandonment or substantial performance of the contract. The report recommends that the Act provide that an owner or […]

AREA OF LAW Property
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FORMAT Publications
FILE fr030.pdf
ENACTMENT

Builders’ Lien Amendment Act, 1985, SA 1985, c 14 (now Builders’ Lien Act, RSA 2000, c B-7).

March 1, 1979

Tenancies of Mobile Home Sites, Final Report 28


This report contains a proposed Act that balances the sometimes conflicting interests of the parties to tenancies of mobile home sites, and that will still provide the parties with appropriate and convenient new rights, responsibilities, and remedies. This report covers special features of tenancies of mobile home sites, trends towards statutory regulation, the scope of the proposed legislation, the tenancy agreement, obligations of landlord and tenant, remedies, failure to give possession, termination of tenancies, security […]

AREA OF LAW Landlord and Tenant Property
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FORMAT Publications
FILE fr028.pdf
ENACTMENT

Mobile Home Sites Tenancies Act, SA 1982, c M-18.5 (now RSA 2000, c M-20).

April 3, 1978

Partition and Sale, Final Report 23


This report is a study of the law of partition and alternative methods of termination of co-ownership and contains a draft Act. The matrimonial home is the most common, but not the only, example of property which is the subject of co-ownership in Alberta. Alberta and Saskatchewan are the only two provinces in Canada that do not have revised legislation providing for termination of co-ownership. The current law in Alberta is contained in three English […]

AREA OF LAW Property Real Property
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FORMAT Publications
FILE fr023.pdf
ENACTMENT

Partition and Sale Act, SA 1979, c 59 (now Law of Property Act, RSA 2000, c L-7, ss 14-19, 20-33).

March 1, 1977

Residential Tenancies, Final Report 22


This extensive report is the product of research the Institute undertook regarding the law relating to tenancies of residential premises, which is the part of the law of landlord and tenant. It includes a proposed Act that balances the interests of landlords and tenants with the hope that it will provide a satisfactory legal framework for their activities. A plan for a security of tenure is discussed and included to assist in making an informed […]

AREA OF LAW Landlord and Tenant Property
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FORMAT Publications
FILE fr022.pdf
ENACTMENT

Landlord and Tenant Act, 1979, S.A. 1979, c. 17 (now Residential Tenancies Act, R.S.A. 2000, c. R-17), based in large part on our recommendations.

February 1, 1977

Residential Tenancies Project: Mobile Homes, Research Paper 8


This paper addresses the potential problems (as of the time of publication) of individuals who own a mobile home located on rented land. This situation is unique in that it has some similarities to home ownership, and some similarities to renting. The paper considers the issues related to this type of ownership, and the statutory responses to it in the United States, the United Kingdom, and some jurisdictions of Canada. Included are some requirements for […]

AREA OF LAW Landlord and Tenant Property Real Property
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FORMAT Publications
FILE RPNo.8.pdf

November 4, 1975

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