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So far Barry Chung has created 363 blog entries.

Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97

Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed [...]

By |2020-05-29T10:10:26-06:00October 29th, 2009|Uncategorized|0 Comments
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Wills and the Legal Effects of Changed Circumstances, Final Report 98

In its Final Report on Wills, the Alberta Law Reform Institute (ALRI) makes a number of recommendations for reform of the Wills Act. The main recommendations are in the following areas: “ Changes that Alter or Revoke a Will “ Revocation by Law “ Reviving a Revoked Will “ Admission of Extrinsic Evidence “ Rectification “ Failed Gifts “ Beneficiary Issues “ Ademption by Conversion “ Legal Discrimination Against Children Born Outside Marriage

By |2020-05-29T09:45:42-06:00August 29th, 2010|Uncategorized|0 Comments
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Joint Ventures, Final Report 99

Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. Final Report 99, Joint Ventures recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a [...]

By |2021-01-29T14:25:58-07:00July 1st, 2012|Uncategorized|0 Comments
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Criminal Trial Proceedings, Final Report 100

The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of [...]

By |2021-01-29T14:25:47-07:00August 1st, 2012|Uncategorized|0 Comments
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Criminal Appeal Procedures, Final Report 101

The criminal appeal process is complex and not well understood. It derives from a number of sources, which are not always consistent and not always clear. Personal freedom and liberty are crucial. The stakes are high for anyone convicted of an offense. Prompt access to an appeal system that is clear and comprehensive is critical. The challenge accepted by the Alberta Law Reform Institute, and taken up by its working group of judges, prosecutors, defense [...]

By |2021-01-21T11:38:51-07:00August 2nd, 2012|Uncategorized|0 Comments
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Estate Administration, Final Report 102

The Alberta Law Reform Institute makes a number of recommendations for reform of the Administration of Estates Act. The objective of these reforms is to create clear, rational and accessible legislation that will provide guidance to estate representatives who are responsible for administering an estate. Final Report 102 - Estate Administration clarifies the roles of the estate representative, beneficiaries and the court. It will also outline the primary responsibilities of the estate representative and will emphasize the [...]

By |2020-05-28T16:06:19-06:00October 1st, 2013|Uncategorized|0 Comments
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Arbitration Act: Stay and Appeal Issues, Final Report 103

The Alberta Law Reform Institute has published Final Report 103 - Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 - Arbitration Act: Stay and Appeal Issues.

By |2020-05-28T16:02:55-06:00January 1st, 2014|Uncategorized|0 Comments
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Beneficiary Designation by Substitute Decision Makers, Final Report 104

The Alberta Law Reform Institute has released recommendations to ensure testamentary wishes are respected upon death. It has become common to use beneficiary designations as a simple way to pass on assets. Beneficiary designations are made with: Pension plans Insurance policies Retirement savings plans Retirement income funds Locked in retirement accounts Tax free savings accounts However, more of the population is aging and losing the capacity to decide who will receive the proceeds of these [...]

By |2020-05-28T15:59:17-06:00July 1st, 2014|Uncategorized|0 Comments
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Oaths and Affirmations, Final Report 105

A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to [...]

By |2020-05-28T15:55:42-06:00September 1st, 2014|Uncategorized|0 Comments
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Assisted Reproduction After Death: Parentage and Implications, Final Report 106

The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean [...]

By |2020-05-28T15:51:56-06:00March 1st, 2015|Uncategorized|0 Comments
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