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So far Barry Chung has created 363 blog entries.

Revision of the Surrogate Rules, Report for Discussion 10

This report aims to amend Alberta's outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is [...]

By |2021-01-25T14:12:41-07:00October 2nd, 1991|Uncategorized|0 Comments
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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 [...]

By |2021-01-25T14:53:06-07:00April 2nd, 1991|Uncategorized|0 Comments
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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 [...]

By |2022-09-26T12:18:00-06:00August 2nd, 1990|Uncategorized|0 Comments
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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. [...]

By |2021-01-25T14:55:07-07:00February 2nd, 1990|Uncategorized|0 Comments
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Sterilization Decisions: Minors and Mentally Incompetent Adults, Report for Discussion 6

This consultative document sets out the evolution of the present law, its apparent parameters, the social and medical background to sterilization decisions and tentatively recommends a new statutory regime that would better reflect the present day and foreseeable needs of Canadian citizens. This report recommends that the decision regarding sterilization be made by a judge of the Court of Queen's Bench. Before making the order for sterilization the judge would be required to satisfy himself [...]

By |2023-01-27T10:55:20-07:00March 2nd, 1988|Uncategorized|0 Comments
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Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Report for Discussion 5

Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: - a shareholder or director of that corporation or an affiliated corporation; - an associate of any or the above; or - a purchaser of shares of that corporation or an affiliated corporation if that corporation was not "solvent" as defined by the ABCA. The [...]

By |2023-01-27T10:55:47-07:00August 2nd, 1987|Uncategorized|0 Comments
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Remedies of Unsecured Creditors, Report for Discussion 3

This report is long and it examines the remedies available under the Alberta law to unsecured creditors for collection of their debts and makes tentative proposals for the reform of those remedies. It provides a description of the present system and criticism of it, and outlines the need for technical reform. The report examines the body of research on the kinds of debtors who are likely to get into legal trouble, as well as the [...]

By |2023-01-27T10:56:02-07:00May 2nd, 1986|Uncategorized|0 Comments
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Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2

The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to [...]

By |2023-01-27T10:56:17-07:00May 2nd, 1985|Uncategorized|0 Comments
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Limitations, Report for Discussion 4

This report is to identify and to analyze the policy considerations upon which a limitations system should be based and to derive from that analysis a limitations system which will be as fair and as easily comprehensible as the subject matter permits. This report recommends that Alberta enact a completely new limitations statute, based on recommendations in this report the new Alberta Act will be fairer for all persons and simpler and more comprehensible. A draft Limitations Act is [...]

By |2023-01-27T10:56:45-07:00September 2nd, 1986|Uncategorized|0 Comments
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Protection of Trade Secrets, Report for Discussion 1

There is presently no single body of law governing the circumstances under which trade secrets are legally protectable. The Criminal Code does not recognize theft of a trade secret as an offence. A person must therefore rely upon the law of contract or, in a case where there is no contract, equity. There are major problems with the current causes of action as far as they apply to protection of trade secrets. This report recommends [...]

By |2023-01-27T10:56:58-07:00February 2nd, 1984|Uncategorized|0 Comments
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