Publications
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21
This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | obligation, paramadevan, performance, semelhago, contract, damages, Land, purchase, remedy, sale |
| FORMAT | Publications |
| FILE | rfd021.pdf |
March 2, 2009
Mortgage Remedies in Alberta, Final Report 70
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 […]
| AREA OF LAW | Property Real Property |
| TAGS | borrower, mortgagor, lender, mortgagee, deficiency, transfer, mortgage, remedy |
| FORMAT | Publications |
| FILE | fr070.pdf |
June 29, 1994
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 […]
| AREA OF LAW | Property Real Property |
| TAGS | borrower, mortgagor, lender, mortgagee, deficiency, transfer, mortgage, remedy |
| FORMAT | Publications |
| FILE | rfd9.pdf |
April 2, 1991
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 […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | attachment, creditor, debtor, garnishment, pre-judgment, prejudgment, remedy |
| FORMAT | Publications |
| FILE | fr050.pdf |
| ENACTMENT |
Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15). |
February 1, 1988
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 |
| TAGS | abandonment, agreement, deposit, distress, eviction, landlord, lease, quiet enjoyment, remedy, rent, repair, residential, security, tenancy, tenant, termination |
| 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