Publications
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 […]
| AREA OF LAW | Corporate and Commercial Property Real Property |
| TAGS | paramadevan, real estate, remedies, contracts, purchaser, performance, supreme court, certificate, semelhago, Land, purchase, sale, title |
| FORMAT | Publications |
| FILE | fr97.pdf |
October 29, 2009
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
Transfers of Investment Securities, Final Report 67
This report is long and presents a comprehensive review of the existing law governing transfers and pledges of investment securities in Alberta. It contains a detailed examination of a wide range of issues that relate to current securities trading and holding practices. It proposes that uniform legislation be developed in consultation with other Canadian jurisdictions, but does not include draft legislation. The Alberta Business Corporations Act is the current Alberta law governing transfers of investments securities and […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | securities, pledge, trade, clearing, negotiation, transfer, investment, purchase, sale |
| FORMAT | Publications |
| FILE | fr067.pdf |
June 29, 1993
Statute of Frauds and Related Legislation, Final Report 44
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts […]
| AREA OF LAW | Corporate and Commercial Property |
| TAGS | contract, Evide, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | fr044.pdf |
June 1, 1985
The Uniform Sale of Goods Act, Final Report 38
This report evaluates the Uniform Sale of Goods Act and considers whether it should be recommended to the Government of Alberta for legislative adoption. It covers the evolution of the Ontario Report, its referral to the Uniform Law Conference, and addresses whether there exists a need to amend or repeal the Sale of Goods Act in Alberta. The report recommends that Alberta adopt the Uniform Sale of Goods Act since on the whole it would […]
| TAGS | breach, contract, damages, firm, goods, offer, sale, unconscionability, warranty |
| FORMAT | Publications |
| FILE | fr038.pdf |
October 1, 1982
Statute of Frauds and Related Legislation, Research Paper 12
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]
| AREA OF LAW | Administration of Justice Corporate and Commercial Procedure Property Real Property |
| TAGS | contract, evidence, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | RPNo.12.pdf |
March 4, 1979