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.

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.

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. […]

December 1, 1990

Division of Canada Pension Plan Credits in Alberta, Final Report 58

The Canada Pension Plan Act, RSC 1985, c C-8, as amended in 1987, allowed that on the appropriate minister being informed of a divorce, the total Canada Pension Plan (“CPP”) credits accumulated by both spouses through the course of the marriage would be split evenly between both ex-spouses. These amendments reflected a desire to protect women who, because of their unpaid contributions within the home, had historically suffered greater poverty in retirement than men. However, […]

November 1, 1990

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 […]

August 2, 1990

Dispute Resolution: A Directory of Methods, Projects and Resources, Research Paper 19

This paper was written in order to investigate improvements in the law and the administration of justice, and also as a response to the increased public interest in alternate dispute resolution (at the time of publication). The paper itself is a survey of: the nature of the Alternative Dispute Resolution (ADR) movement; possible ADR methods; and various ADR projects and resources. This report does not come to any specific conclusions about alternative dispute resolution, but […]

July 3, 1990

Section 16 of the Matrimonial Property Act, Final Report 57

Section 16 of the Matrimonial Property Act, RSA 1980, c M-9, stated that the rights of a person who started a property action against a spouse did not survive that person’s death, and thus the action could not be continued by his or her estate. This was based on the legal policy that matrimonial property should be available for the use of a surviving spouse. This report notes that, in practice, this section led to […]

March 1, 1990

Report on Referees, Research Paper 18

A referee is a person appointed to decide a specific, circumscribed question of fact. This person submits a report to the judge, who may decide to either accept or reject that report. In Alberta (at the time of publication), Masters in Chambers were official referees in all courts, and clerks and deputy clerks are official referees in the Provincial court, and could act as referees when required by the Court of Queen’s Bench. Outside of […]

February 3, 1990

Enduring Powers of Attorney, Report for Discussion 7

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. […]

February 2, 1990

The Bulk Sales Act, Final Report 56

The Bulk Sales Act, RSA 1980, c B-13, was created to protect the creditors of retailers who sell their stock and disappear before paying off their debts. The Act (as it was at the writing of this report) required that anyone buying an unusually large amount of a retailer’s stock and trade fixtures must first obtain a list of the retailer’s debts, and must pay the retailer’s creditors directly (or obtain their consent), before the […]

January 1, 1990