Personal Property Security Law, Final Report 116

September 29, 2021

Personal Property Security Act, Report for Discussion 35

The Alberta Personal Property Security Act [PPSA] came into force in 1990 and produced a significant improvement in secured transactions in Alberta by removing many of the restrictions and limitations that prevented the use of secured credit. Since 1990, it has become clear that several areas of the law are in need of reform. Online banking and ecommerce as well ambiguities in the law contribute to the need for reform. The PPSA also did not […]

December 2, 2020

Report on Liens, Report for Discussion 13

A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on […]

September 2, 1992

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

Prejudgment Remedies for Unsecured Claimants, Final Report 50

This report is first in a series of final reports on the general topic of remedies of unsecured creditors. The report contains detailed recommendations for a legislative solution regarding the inadequacies identified in the available prejudgment remedies for unsecured claimants in Alberta. It details a variety of prejudgment remedies that currently exist and identifies as a problem the absence of any unifying principle in their application. There is discussion of the Mareva injunction, which has […]

February 1, 1988

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 […]

May 2, 1986

The Operation of the Unsecured Creditors’ Remedies System in Alberta, Research Paper 16

A plaintiff who has obtained a monetary judgement as a result of a court case, but who has not yet received that money, is known as a “judgement creditor.” This report is a survey of: whether judgement creditors made use of enforcement mechanisms to obtain their money; which remedies were used frequently, and which ones infrequently; how the remedies that were used operated, and how far they were carried; and how successful the remedy process […]

March 3, 1986

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 […]

June 1, 1984

Part Payment; Limitation of Actions; Joint Debtors

January 1, 1973

Assignment of Wages, Final Report 8

This report addresses the subject of determining what legislation, if any, should govern wage assignments. The primary recommendation is that irrevocable assignments of wages to secure payment of indebtedness be abolished by legislation, thus rendering them invalid. The report also makes alternative recommendations for regulation of the use of wage assignments if they are not abolished. It is recommended that an Act be passed to reform the law relating to assignments of wages, which term […]

October 1, 1971