Open Collections

BC Sessional Papers

annual report of the LAW REFORM COMMISSION OF BRITISH COLUMBIA 1978 British Columbia. Legislative Assembly 1979

Item Metadata

Download

Media
bcsessional-1.0378788.pdf
Metadata
JSON: bcsessional-1.0378788.json
JSON-LD: bcsessional-1.0378788-ld.json
RDF/XML (Pretty): bcsessional-1.0378788-rdf.xml
RDF/JSON: bcsessional-1.0378788-rdf.json
Turtle: bcsessional-1.0378788-turtle.txt
N-Triples: bcsessional-1.0378788-rdf-ntriples.txt
Original Record: bcsessional-1.0378788-source.json
Full Text
bcsessional-1.0378788-fulltext.txt
Citation
bcsessional-1.0378788.ris

Full Text

 ISSN 0381-2510
annual report
of the
LAW REFORM COMMISSION
OF BRITISH COLUMBIA
1978
PRINTED BY
AUTHORITY OF THE LEGISLATIVE ASSEMBLY
LRC41
 The Law Reform Commission of British Columbia was established by the Law
Reform Commision Act in 1969 and began functioning in 1970.
The Commissioners are:
Peter Fraser, Acting Chairman
Leon Getz
Paul D. K. Fraser
Kenneth C. Mackenzie
Arthur L. Close is Counsel to the Commission.
Anthony J. Spence is Director of Research to the Commission.
Douglas Chalke is Legal Research Officer to the Commission.
Patrick Kilpatrick is Secretary to the Commission.
The Commission offices are located on the 10th Floor, 1055 West Hastings
Street, Vancouver, B.C. V6E 2E9.
 TABLE OF CONTENTS
I.  Introduction
II. Membership of the Commission.
III. The Programme	
1. Debtor-Creditor Relationships...
(a) Enforcement of Judgments..
(b) Reviewable Transactions...
(c) Law of Guarantees	
(d) Two Obsolete Acts..
(e) Crown Liens	
(/) Joint Liability	
2. The Law of Damages..
(a) Personal Injury Claims..
(b) Families' Compensation Act..
3. Statute Law Revision: Applicability of English Law.
4. The Parol Evidence Rule	
5. Arbitration	
6. Civil Procedure.
(a) The Replevin Act..
(b) Civil Litigation in the Public Interest.
(c) Class Actions	
7. Estates Projects	
(a) Wills and Successions	
(b) Probate Procedure and Administration
8. Subjects of Interest	
IV. The Availability of Commission Publications
V. Action on Commission Reports	
VI. Carrying Out the Programme	
VII.  Relationship With Other Agencies
(a) Law Reform Agencies	
(b) Government	
VIII. Acknowledgments.
Appendix A	
Page
.    5
5
6
6
6
6
6
7
7
7
7
8
8
8
8
8
8
9
9
9
9
9
10
Appendix B_
10
10
11
11
11
12
12
14
15
  To the Honourable Garde B. Gardom, Q.C.
Attorney-General for British Columbia
The Law Reform Commission of British Columbia has the honour to present
its Annual Report, outlining the progress made by the Commission during the
calendar year 1978.
I. INTRODUCTION
The Law Reform Commission of British Columbia was constituted by the
Law Reform Commission Act which became law on July 1, 1969 and this Report
marks the ninth full year of its operation. During the past year, formal Reports
were submitted to you on a variety of matters. They include Reports on the
Replevin Act, the Attachment of Debts Act, the Absconding Debtors Act, the Bail
Act, and on Execution Against Land. We have also issued a Working Paper on
Guarantees of Consumer Debts. The contents of these documents are described
more particularly below.
Despite difficulties referred to later in this Report, we feel that we have had a
productive year and are particularly gratified in having concluded certain long-term
studies and in bringing others much closer to conclusion.
For reasons set out in previous Annual Reports, the emphasis of the Commission's work continues to be on private law matters. Early in 1978 we reviewed
our Programme and you will note that a number of new studies have been added
to it.
II. MEMBERSHIP OF THE COMMISSION
As presently constituted the Commission consists of four members: Messrs.
Peter Fraser, Leon Getz, Paul D. K. Fraser and Kenneth C. Mackenzie. Mr.
Mackenzie was appointed to the Commission in August 1978. Details of the
appointments of the other members may be found in previous Annual Reports.
For the first half of 1978 our full-time Chairman was Douglas Lambert. On
July 14, on his appointment as a Judge of the British Columbia Court of Appeal,
he resigned from the Commission. No successor has yet been appointed and
Peter Fraser has been designated as Acting Chairman.
Mr. Justice Lambert first joined the Commission as a part-time member in
1976 and was appointed Chairman with effect from January 1, 1978. Both as a
Commissioner and as Chairman he had a significant impact on the Commission and
its work. He combined an astute legal mind with a deep fund of common sense
and humanity. These characteristics, which made him invaluable to the Commission, will serve him well as a judge.
We wish to record our congratulations, our appreciation for the valuable
contribution he has made, and our confidence that his tenure will be a long and
distinguished one.
III. THE PROGRAMME
The description of our Programme below is limited to those projects upon
which we have reported in the past year or upon which work is in progress. Details
of other Reports, and projects which have been discontinued with the reason for the
discontinuance, may be found in earlier Annual Reports. Included as Appendix
A is a table setting out all Reports which the Commission has made to date, and
references to legislation in which our recommendations have been implemented
in whole or in part. In Appendix B there is another table setting out those matters
which are now under consideration.
 6 BRITISH COLUMBIA
1. Debtor-Creditor Relationships
(a) Enforcement of Judgments
In 1978 the Commission's work on this project has been concentrated in
three areas: the Attachment of Debts Act, Execution Against Land, and the Creditors' Relief Act. Final Reports were submitted in October with respect to the first
two studies.
Our Report on the Attachment of Debts Act contains over 70 recommendations aimed at modernizing and improving that legislation. Among the most significant are recommendations relating to a new type of garnishment process, effective for a specified term, that will attach any debt that becomes due from the
garnishee during that term. Other important recommendations concern the
availability of prejudgment garnishment and the issue of process.
Our Report on Execution Against Land sets out a variety of recommendations designed to rationalize this area of the law and to continue the process of reform initiated by the Execution Amendment Act, 1978.
The Creditors' Relief Act was the subject-matter of a Working Paper that was
circulated in 1976. Our work on this, and other aspects of the Enforcement of
Judgments Project, will continue in 1979.
(b) Reviewable Transactions
This subject was added to our Programme in 1977 as a result of our preliminary examination of the Bulk Sales Act. It was concluded that it would be preferable to defer proceeding further on a separate project on bulk sales until we
also examined the operation of other statutes such as the Fraudulent Conveyances
Act and the Fraudulent Preferences Act which provide analogous relief.
Accordingly the study was retitled as "Reviewable Transactions." Although
no concentrated research was undertaken in 1978 we have continued to gather
background materials. We hope to have the resources to give this matter active
consideration in 1979.
(c) Law of Guarantees
The law of guarantees was the subject of intense research by the Commission
in 1977 and early 1978. This research revealed that the law of guarantees, and
consumer guarantees in particular, is surrounded by a great deal of uncertainty and
doubt, is in some respects inequitable, and is ripe for re-examination. A Working
Paper setting out a number of proposals for change with respect to guarantees of
consumer debts was circulated in February 1978.
The responses to the Working Paper that we have received are currently being
considered and our proposals re-examined in the light of them. We hope to issue
a final Report on this matter in 1979. We will also be considering the desirability
of changes to the law concerning guarantees given in commercial transactions.
(d) Two Obsolete Acts
One of our functions, as set out in the Law Reform Commission Act, is a review of the statute law of the Province with a view to the "repeal of obsolete and
unnecessary enactments." In the course of our studies on debtor-creditor relationships, two Acts emerged that fall within that description. They are the Absconding Debtors Act and the Bail Act. In a short Report submitted in March 1978, we
recommended that they be repealed. This recommendation was implemented by
sections 1 and 2 of the Attorney-General Statutes Amendment Act, 1978.
 REPORT OF THE LAW REFORM COMMISSION, 1978 7
(e) Crown Liens
A large number of Provincial statutes create liens over real and personal property to secure money that is payable to the government or its agencies. Such liens
tend to be legislated on an ad hoc basis and their scope and priority is often uncertain. There is no evidence in the statutes of any uniform policy or of a consistent set of principles with respect to such Hens.
In 1978 a project on Crown liens was added to our Programme. It is our
present view that it might be possible to rationalize this area by developing omnibus
legislation, a Crown Liens Act, that would define the characteristics of one or more
classes of Crown liens and to which other Acts might refer in creating liens. The
aim would be to achieve an appropriate balance between the needs and expectations of government, its debtors, and third parties.
(/) Joint Liability
A project on joint liability was added to our Programme in 1978. One aspect of the project is an examination of the distinction between joint liability and
joint and several liability and the differing rules applicable to each. This distinction
can be crucial. For example, a judgment obtained against a person jointly liable
will bar any action against the others with whom he is liable. If the liability is
joint and several, judgment obtained against one will not bar any action against
the other.
We also propose to examine the law concerning joint tortfeasors and the relationship between that law and the law of contributory negligence. In particular,
the provisions of the Contributory Negligence Act relating to joint tortfeasors may
need to be examined if any changes are made with regard to the liability of such
tortfeasors.
A person who discharges an obligation on which he is jointly liable with
another may call upon that person to contribute toward the cost of discharging that
obligation. This aspect of the law will also be examined and we expect to profit
from the work of the Uniform Law Conference in this area.
2. The Law of Damages
(a) Personal Injury Claims
The law concerning the award of damages for personal injury claims has recently been a matter of considerable controversy. Such damages are awarded as
a lump sum on a once-and-for-all basis. In assessing the amount to be awarded the
court or jury is placed in the position of having to predict the future course of
events on the basis of the best evidence available at the time. In the result an
award that seemed realistic at the time it was made may prove to be inadequate or
overly generous.
There have been a number of recent developments in this area. In England,
the Royal Commission on Civil Liability and Compensation for Personal Injury,
under the chairmanship of Lord Pearson, reported its recommendations in March
1978. In Canada, Mr. Justice Dickson of the Supreme Court of Canada suggested
in a recent case that personal injury awards might be made subject to a periodic
review.
The time seems ripe for an examination of this difficult area of the law in
British Columbia and a study on it was added to our Programme in 1978.
 8 BRITISH COLUMBIA
(b) Families'Compensation Act
A related study was also added to our Programme in 1978. It concerns the
operation of the Families' Compensation Act. This may ultimately be merged with
the larger study described above, but, for the time being it will be treated as a
discrete project on which a separate Report may be made.
3. Statute Law Revision: Applicability of English Law
The English Law Act, R.S.B.C. 1960, c. 129 provides that the laws of
England, as they existed on November 19, 1858 are in force in British Columbia to
the extent that they are not inapplicable through local circumstances and have not
been repealed or superseded by federal or provincial legislation. It follows from
this that an uncertain number of English statutes are in force in this Province.
The aim of this project is to introduce a degree of certainty concerning the
extent to which English statute law is in force here. We hope to develop a list of
statutes which are in force, with a view to giving that list legislative force and repealing the balance of the English statutes.
This has always been recognized as a long-term project and our previous work
has been devoted largely to gathering background information. As a resuit of
these efforts we now have a collection of comparative materials concerning law
reform in this area which we believe is unrivalled in the Commonwealth. In 1977
considerable progress was made in organizing these materials, and a preliminary
list of statutes has been established.   Our research in this area continued in 1978.
4. The Parol Evidence Rule
Where the parties to a contract have embodied its terms in a written document,
as a general rule extrinsic evidence is not admissible to add to, vary, subtract from
or contradict the terms of the written instrument. This rule is often known as the
parol evidence rule. There are a number of exceptions to the rule and in British
Columbia the rule has been abrogated with respect to consumer contracts {Trade
Practices Act, S.B.C. 1974, c. 96, s. 27).
The rule and its scope were recently explored in a short Working Paper (No.
70) issued by the English Law Commission and it was their tentative conclusion
that the rule no longer serves a useful purpose and ought to be abrogated. A study
on the parol evidence rule was added to our Programme in 1977.
5. Arbitration
This project was added to our Programme in the hope of developing recommendations which would make arbitration proceedings speedier and less costly
than at present. Work on this project continues and we hope to circulate a Working Paper in 1979.
6. Civil Procedure
(a)  The Replevin Act
The Replevin Act provides a procedure whereby a person having a claim to
goods which are in the possession of another may reclaim them before actual
adjudication of his right to possession. The Act has a number of objectionable
features, not the least of which is its archaic and obscure language.
In May 1978 we submitted a Report on the Replevin Act. In that Report we
recommended that the Act be repealed and a new remedy, available on interlocu-
 REPORT OF THE LAW REFORM COMMISSION, 1978 9
tory application, be added to the Rules of Court for the interim recovery of personal property.
(b) Civil Litigation in the Public Interest
Generally speaking, a private individual has no standing to sue to protect the
public at large from a wrongful invasion of its rights. He may only sue when the
interference with the public right is such as to interfere with a private right of his
own or where he has suffered special damage or has some interest peculiar to himself. Where such factors are absent only the Attorney-General, suing either alone
or, more usually, at the relation of a private individual or public authority, may
seek redress in the courts in respect of a wrongful invasion of a public right. The
role of the Attorney-General has recently been a matter of particular controversy
in England owing to the decision of the House of Lords in Gouriet v. U.P.W.,
[1977] 3 W.L.R. 300.
In 1976 you requested the Commission to examine this area. Our work is
well advanced and the preparation of a Working Paper is in its final stages.
(c) Class Actions
It has long been recognized there are situations in which it is appropriate to
allow a litigant to bring an action on his own behalf and on behalf of numerous
other persons who may have similar claims. Rule 5 (11) of the Supreme Court
Rules permits such actions but the scope and operation of the Rule is often uncertain, and its scope has been criticized as undesirably narrow.
We consider that it is particularly desirable that the law in this area be uniform
throughout Canada and we intend, as far as possible, to co-ordinate this project
with similar work being done by the Law Reform Commission of Ontario and,
through the Uniform Law Conference, with the reforms adopted or under consideration in other provinces.
7. Estates Projects
(a) Wills and Succession
A large project concerning the law of wills and succession was added to our
Programme in 1978. Among the areas to be examined are formalities of execution, including holograph wills; ademption, conversion and disclaimer; international
wills and the conflict of laws; the Testator's Family Maintenance Act and intestate
succession. The modification of wills on divorce and privacy issues, discussed
in our previous Annual Report as separate projects will be subsumed in the larger
study.
Considerable progress has been made on this study and a number of background papers have been prepared. We hope to circulate one or more Working
Papers on various aspects of this project in 1979.
(b) Probate Procedure and Administration
This is also a new project. It will examine the law of British Columbia concerning the procedure used in obtaining letters probate and letters of administration and the law relating to the administration of the estates of deceased persons,
with a view to its consolidation, rationalization and simplification.
We are in the process of gathering background materials on this project and
hope formally to commence research on it in 1979.
 10 BRITISH COLUMBIA
8. Subjects of Interest
Preliminary research is proceeding on a number of matters which are not yet
part of the Commission's Programme. In most cases the research is to determine
if a particular topic is appropriate for formal inclusion in our Programme as a
Commission project.
Many of these matters which are under preliminary consideration arise out of
particular suggestions made and problems drawn to our attention by the legal profession and by members of the public. We always welcome this kind of assistance.
Even if the particular suggestion or problem is not one which we feel is appropriate
for a Commission study we are usually able to transmit it to a person or agency
which is in a position to act.
IV. THE AVAILABILITY OF COMMISSION PUBLICATIONS
All final Reports issued by the Commission are published in the format of
this Report, with the intention that they be available to the public. Our Annual
Reports are distributed by the Commission and are available on request and free
of charge so long as stocks last.
The Provincial Queen's Printer is charged with the responsibility of distributing all other Reports made by the Commission.   A nominal charge is made for
copies of those Reports.   Orders and inquiries as to prices should be directed to:
The Queen's Printer,
Parliament Buildings,
Victoria, B.C., V8V 4R6
A number of our early Reports are now out of print and are not available.
Those Reports are those indicated with an asterisk in Appendix A.
Working Papers are produced in a typescript format by an offset process, and
the Commission is responsible for their distribution. Working Papers are usually
produced in limited quantities and our supplies of them are invariably exhausted by,
or shortly after, their initial distribution. Normally, therefore, we are unable to
respond to requests for copies of past Working Papers.
V. ACTION ON COMMISSION REPORTS
The past year was an encouraging one for the Commission in terms of legislative and governmental action on our Reports.
The recommendations made in three Reports were implemented by the provisions of the Attorney-General Statutes Amendment Act, 1978, S.B.C. 1978, c.
11. Those Reports were on the Waiver of Conditions Precedent in Contracts
(LRC 31), Offences Against the Person Act, 1828, Section 28 (LRC 35) and
Absconding Debtors Act and Bail Act: Two Obsolete Acts (LRC 37).
The triptych of real property acts passed in 1978 also implemented certain
recommendations. Section 33 of the Conveyancing and Law of Property Act,
S.B.C. 1978, c. 16, implemented the recommendations contained in our Report on
The Rule in Bain v. Fothergill (LRC 28). A number of the recommendations
made in our Report on Security Interests in Real Property: Remedies on Default
(LRC 24) were implemented by the Land Titles Act, S.B.C. 1978, c. 35. Moreover,
in the Execution Amendment Act, 1978, S.B.C. 1978, c. 19, a number of concerns
that had been raised in our Working Paper on Execution Against Land (Working
Paper No. 22) were met.
 REPORT OF THE LAW REFORM COMMISSION, 1978 11
Toward the end of the 1978 Session of the British Columbia Legislature three
Bills designed to implement Commission recommendations were introduced and
given first reading. They were: Evidence Amendment Act, 1978 (1978 B.C.
Bill 44) implementing Report on Proof of Marriage in Civil Proceedings (LRC
32), Contracts Enforcement Act (1978 B.C. Bill 45) implementing Report on the
Statute of Frauds (LRC 33) and Builders' Lien Act (1978 B.C. Bill 42) implementing Report on the Mechanics' Lien Act: Improvements on Land (LRC 7).
Public comment was sought on those Bills and they have been allowed to lapse.
We hope to see them reintroduced during the 1979 legislative Session.
Finally, in September 1978 a "white paper" was issued and distributed by the
Ministry of Consumer and Corporate Affairs under the title "A Proposed Personal
Property Security Act". The white paper adopts and carries forward the recommendations made in our Report on Personal Property Security (LRC 23).
In summary, nine of our Reports have been the subject of official action of
one kind or another amounting to an adoption, in principle, of our recommendations.
VI. CARRYING OUT THE PROGRAMME
While we have been heartened by the recognition that our work has received
in the past year, our morale has been dampened by the lack of a full-time Chairman during the latter half of 1978. As set out earlier in this Report, our Chairman
was appointed to the British Columbia Court of Appeal in July 1978 and no successor has yet been appointed or designated.
This state of affairs is similar to that which existed for the final six months
of 1977.   In our 1977 Annual Report we stated
The lack, since June 1977, of a Chairman having a continuing preoccupation
with the planning and accomplishment of the work of the Commission has caused
a considerable setback in the discharge of our task.   .   .   .
That observation applies with equal force to our present situation.
The absence of a full-time Chairman cannot but have a devastating impact on
our operation. The recruiting of qualified personnel is made much more difficult
and, as a result, work on a number of important projects has been deferred. A
further consequence is that a considerable burden has been imposed on our Acting
Chairman and on the senior members of staff in undertaking the duties normally
performed in the post by the full-time Chairman. We strongly urge that this hiatus
in our ranks be filled as soon as possible.
VII. RELATIONSHIP WITH OTHER AGENCIES
(a) Law Reform Agencies
Our ties with other law reform agencies continue to strengthen and prosper,
both through the reciprocal arrangements for the exchange of documents and
through personal contacts. Of perhaps greatest significance was a two-day meeting
of law reform bodies held in August at St. John's, Newfoundland, and attended on
behalf of British Columbia by K. C. Mackenzie and A. L. Close, Commission
Counsel. This meeting resulted in a fruitful exchange of information and discussion of mutual concerns. That meeting was followed by the Annual meeting of
the Uniform Law Conference of Canada. Messrs. Mackenzie and Close were
members of the British Columbia delegation to the Conference.
Visitors to the British Columbia Commission during the past year included
Mr. Frank Muldoon, Chairman of the Law Reform Commission of Canada, Professor Steve Waddams, and Mr. Ken Hodges, Director of Research to the Law
Reform Commission of Saskatchewan.
 12 BRITISH COLUMBIA
Although the Commission reported on Personal Property Security in 1975,
it continues to keep abreast of more recent developments in this area through the
participation of its Counsel in the Special Committee of the Canadian Bar Association on a Model Personal Property Security Act under the Chairmanship of Professor Jacob Ziegel.
(b) Government
In our last Annual Report we stated:
We are anxious to explore means of ensuring that our work remains relevant
to the perceptions of the Government and the Legislature as to the issues on
which reform is desirable, practicable and timely.
Pursuit of that goal led to several meetings between the Commission members and
personnel with you and your officials and with officials of other ministries. We
hope to see such consultations become a permanent feature of our operation.
Since the time the Commission reported on Personal Property Security a shift
in ministerial duties has brought this matter within the responsibility of the Minister
of Consumer and Corporate Affairs. The publication of the white paper has
brought us into contact with officials of that Ministry and resulted in consultation
which we hope has been helpful to them.
Finally, the flurry of legislative activity in 1978 has led to an even closer
relationship between Commission personnel and the members of Legislative Counsel's office.
VIII. ACKNOWLEDGMENTS
We wish to extend our thanks to the research staff of the Commission, Arthur
Close, our Counsel, Anthony Spence, our Director of Research and Douglas
Chalke, our Legal Research Officer, for their efforts on our behalf. As we have
pointed out in previous Annual Reports, our policy of doing the greater part of our
research work internally, rather than relying upon outside consultants, has placed
a heavy burden of responsibility upon the shoulders of our permanent staff, and
they have responded to the challenge with energy, enthusiasm and careful scholarship.
In particular, we wish to acknowledge the contribution of Mr. Close. Over
the past 18 months we have had a Chairman for only six of those months. During
the other periods Mr. Close assumed responsibility for the day to day operation
and administration of the Commission.
We wish to acknowledge the contribution of Mr. Fred Hansford. Mr. Hansford came to the Commission for the summer months and was responsible for the
significant progress made on our new project on wills and succession.
Our support staff, Patricia Kilpatrick and Marianne White, also made a
notable contribution to the work of the Commission. They brought intelligence
and efficiency to their duties and shared concern that our work should be of the
highest quality in every respect.
Our special thanks also go to His Honour Judge P. van der Hoop, Mr. Henry
Kennedy, Director of Land Titles, and Messrs. Peter Bogardus and J. G. Carphin
for particular assistance given with respect to Commission studies.
The support which we have received from the organized bar and its individual
members in past years continued in 1978. We rely heavily on the assistance of the
legal profession in a number of ways. At the research stage of our projects, individual lawyers assist us in gathering facts and in acting as a "sounding board"
with respect to various approaches to difficult issues. Requests for help of this
kind are invariably the subject of a generous response.   At the more formal stage
 REPORT OF THE LAW REFORM COMMISSION, 1978
13
of consultation, various Sections of the British Columbia Branch of the Canadian
Bar Association assist our deliberations with thoughtful submissions on the various
proposals and tentative conclusions set out in our Working Papers. We wish to
thank all members of the bar who gave generously of their time and experience in
the past year.
Finally, we wish to thank Mr. Richard Vogel, Deputy Attorney-General, and
Mr. Mark Krasnick, Associate Deputy Attorney-General, for the attention they
have given to the Commission and its activities.
Peter Fraser, Acting Chairman
Leon Getz
Paul D. K. Fraser
Kenneth C. Mackenzie
1 January, 1979
 14
BRITISH COLUMBIA
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Appendix A
REPORTS MADE BY THE LAW REFORM COMMISSION
OF BRITISH COLUMBIA
No. Title
1 Limitations—Abolition of Prescription*
2 Annual Report, 1970*	
3 Frustrated   Contracts   Legislation*
Date
Dec. 17, 1970
Dec. 31, 1970
Feb. 17, 1971
4   Debt Collection and Collection    Mar. 19, 1971
Agents*
Expropriation-
Annual Report, 1971*.
Mechanics' Lien Act	
Deficiency Claims and Repossessions
Dec. 20, 1971
Dec. 31, 1971
June 30, 1971
June 22, 1972
9   Legal Position of the Crown    Dec. 12, 1972
Dec. 31, 1972
Feb. 20, 1973
May 16, 1973
10 Annual Report, 1972	
11 Interim Report of Evidence..
12   Pre-Judgment Interest-
Landlord   and   Tenant—Resi-    Dec. 11, 1973
dential Tenancies
Annual Report, 1973	
Limitations—General	
Costs of Accused on Acquittal....
Procedure Before Statutory
Bodies
A Procedure for Judicial Review of the Actions of Statutory
Bodies
Annual Report, 1974	
Costs of Successful Unassisted
Lay Litigants
The Termination of Agencies .	
Powers of Attorney and Mental
Incapacity
Personal Property Security	
Security Interests in Real Property: Remedies on Default
Annual Report, 1975	
Minors' Contracts	
Extra-Judicial  Use  of   Sworn
Statements*
Jan. 1, 1974
Mar. 25, 1974
June 24, 1974
Nov. 18, 1974
Dec. 12, 1974
Jan. 1, 1975
Apr. 21, 1975
Apr. 21, 1975
May 12, 1975
Oct. 27, 1975
Dec. 1, 1975
Jan. 1, 1976
Feb. 24, 1976
Apr. 26, 1976
28    Rule in Bain v. Fothergill    June 28, 1976
29 Annual Report, 1976	
30 The Rule in Hollington v. Hew-
thorn
* Report is out of print.
Dec. 31,1976
Jan. 11,1977
Recommendations Implemented
in Whole or in Part by
Land Registry (Amendment) Act, 1971,
S.B.C. 1971, c. 30.
Not applicable.
Frustrated Contracts Act, S.B.C. 1974,
c. 37; Landlord and Tenant Act,
S.B.C. 1974, c. 45, s. 61 (e) Commercial Tenancies Act, R.S.B.C. 1960,
c. 207, s. 34.
Debt Collection Act, S.B.C. 1973 c. 26.
Not applicable.
Conditional Sales Act, S.B.C. 1973, c.
19; Bills of Sale Act, S.B.C.  1973,
c. 7.
Crown Proceedings Act, S.B.C.   1974,
c. 24; Interpretation Act, S.B.C. 1974,
c. 42, s. 13.
Not applicable.
Attorney-General Statutes Amendment
Act, 1975, S.B.C. 1975, c. 4, s. 6.
Prejudgment Interest Act, S.B.C. 1974,
c. 65.
Landlord and Tenant Act, S.B.C. 1974,
c.45.
Not applicable.
Limitations Act, S.B.C. 1975, c. 37.
Judicial Review Procedure Act, S.B.C.
1976, c. 25.
Not applicable.
Miscellaneous Statutes (Court Rules)
Amendment Act, S.B.C. 1976, c. 33,
s. 94 (a) [in part]; Supreme Court
Rules, Rule 50 (11), 3 (2) [in part]
Land Titles Act, S.B.C. 1978, c. 25
[in part].
Not applicable.
See,   e.g.,  Mineral Act,  1977,  S.B.C.
1977, c. 54, s. 20 (2).
Conveyancing and Law of Property Act,
S.B.C. 1978, c. 16, s. 33.
Not applicable.
Evidence Amendment Act, 1977, S.B.C.
1977, c. 70.
 REPORT OF THE LAW REFORM COMMISSION, 1978
15
No.
31
32
33
34
35
36
37
38
39
40
Title
Waiver of Conditions Precedent
in Contracts
Proof of Marriage in Civil Proceedings
The Statute of Frauds^
Tort Liability of Public Bodies...
Offences   Against   the  Person
Act, 1828, Section 28
Annual Report, 1977	
Absconding Debtors Act and
Bail Act: Two Obsolete Acts
The Replevin Act..
The Attachment of Debts Act..
Execution Against Land	
Date
Apr. 25, 1977
Apr. 25, 1977
June 24, 1977
June 28, 1977
Aug. 8, 1977
Jan. 1, 1978
Mar. 17, 1978
May 19, 1978
Oct. 27, 1978
Oct. 27, 1978
Recommendations Implemented
in Whole or in Part by
Attorney-General Statutes Amendment
Act, 1978, S.B.C. 1978, c. 11, s. 8.
Attorney-General Statutes Amendment
Act, 1978, S.B.C. 1978, c. 11, s. 8.
Not applicable.
Attorney-General Statutes Amendment
Act, 1978, S.B.C. 1978, c. 11, s. 8.
Appendix B
MATTERS UNDER CONSIDERATION BY LAW REFORM
COMMISSION OF BRITISH COLUMBIA
1. Debtor-Creditor Relationships
(a) Enforcement of Judgments.
(b) Reviewable Transactions
(c) Law of Guarantees
{d) Crown Liens
(e) Joint Liability
2. The Law of Damages
(a) Personal Injury Claims
(b) Families' Compensation Act
3. Applicability of English Law
4. The Parol Evidence Rule
5. Arbitration
6. Civil Procedure
(a) Civil Litigation in the Public Interest
(b) Class Actions
7. Estates Projects
(a) Wills and Succession
(b) Probate Procedure and Administration
Printed by K. M. MacDonald, Printer to the Queen's Most Excellent Majesty
in right of the Province of British Columbia.
1979
1,500-179-8286
 

Cite

Citation Scheme:

        

Citations by CSL (citeproc-js)

Usage Statistics

Share

Embed

Customize your widget with the following options, then copy and paste the code below into the HTML of your page to embed this item in your website.
                        
                            <div id="ubcOpenCollectionsWidgetDisplay">
                            <script id="ubcOpenCollectionsWidget"
                            src="{[{embed.src}]}"
                            data-item="{[{embed.item}]}"
                            data-collection="{[{embed.collection}]}"
                            data-metadata="{[{embed.showMetadata}]}"
                            data-width="{[{embed.width}]}"
                            data-media="{[{embed.selectedMedia}]}"
                            async >
                            </script>
                            </div>
                        
                    
IIIF logo Our image viewer uses the IIIF 2.0 standard. To load this item in other compatible viewers, use this url:
https://iiif.library.ubc.ca/presentation/cdm.bcsessional.1-0378788/manifest

Comment

Related Items