July 11, 2008

Mechanics’ Lien Act: Improvements on Land (1972)

British Columbia has had legislation creating mechanics liens (now called builders liens) since the late nineteenth century. In broad terms, the effect of this legislation is to bring about a departure from the general principle of the law that, in the absence of security for a debt being obtained by Read more…

Expropriation, Report on (1971)

Expropriation is the lawful acquisition of one person’s property by another person without the former’s consent. In British Columbia, the vast majority of expropriations involve the compulsory transfer of land or rights in land from private owners to the government or to a government agency for a public purpose. This Read more…

Debt Collection and Collection Agents (1971)

British Columbia has had legislation since the 1930s to protect borrowers from unscrupulous practices employed by creditors and their debt-collection agents. At the time this project was carried out, that legislation had not kept pace with the dramatic expansion in consumer credit. This project examines options for reforming this area Read more…

The Need For Frustrated Contracts Legislation in British Columbia, Report on (1971)

When events beyond the control of contracting parties make their contract impossible to perform, that contract is said to be frustrated. The common law developed a doctrine of frustrated contracts which provided that such contracts were void from the time of frustration. This project examines whether legislation is needed to Read more…

Abolition of Prescription (1970)

In theory, it used to possible in British Columbia for rights to be acquired over land by periods of adverse use or enjoyment (not amounting to possession). These rights were said to be acquired by “prescription.” Both legislation and case law had, by the date of this project, severely restricted the operation of prescription, Read more…