Closing Plenary Session Minutes 2006

Report from the Civil Section

The Chair, Russell Getz, reported that the Civil Section had a fine week of work. There was participation from provincial, territorial and federal justice departments, law reform bodies and members of the practising Bar and academia. There were some 21 presentations on a variety of subjects. There were amendments to the Uniform Class Proceedings Act that were adopted which will address the ability of the Courts to certify the Class that includes Class members residing outside the jurisdiction and provide for principles for the resolution on conflicts between potentially competing Class Actions. The report's recommendation respecting the development of a Canadian Class Proceedings Registry was also adopted and endorsed.

Several of the projects are the subjects of international cooperation. As a result of our deliberations, it is anticipated that the ULCC will be able to adopt the Uniform Assignment of Receivables in International Trade by the end of the year. As well, the joint American, Mexican and Canadian joint project on Unincorporated Associations will continue its work. Working Groups will be established on several important new projects including the law of Partnership and Fraudulent Conveyances and Preferences. Work will also continue on a number of subjects including Income Trusts, the UN Convention on Independent Guarantees and Stand-by Letters of Credit, Limitation Periods and other issues respecting Insurance Statutes, Inter-jurisdiction Enforcement of Tax Judgments and the Hague Convention on the Law Applicable to Securities. The ULCC will also continue to have under consideration the Faith Based Family Arbitration and First Nations and Commercial Law. There was also a lively discussion of potential new projects.

In conjunction with the Criminal Section, work will continue on the Collateral Use of Crown Brief Disclosure.

He then thanked those who made work this week so pleasurable and so straightforward, our Alberta hosts, members of the Executive, members of the Civil Section Steering Committee, throughout the year and members of the Commercial Law Strategy Supervisory Committee have all contributed to make the work of the session this year a very productive one and one which continues well for next year. The new Chair for the Civil Section is Lynn Romeo of Manitoba and the Nominating Committee has chosen Darcy McGovern of Saskatchewan to be the Nominated Chair for the year 2007-2008.

He presented the following resolution, seconded by Catherine Kane:

MOVED THAT a joint Working Group be established to consider the issues raised in the Report and, in accordance with any directions of the Conference, report and make any recommendations to the Conference in 2007 respecting the desirability and feasibility of legislative or non-legislative initiatives to promote uniformity in the use of Crown Brief material in collateral proceedings.

Motion carried.

Next Annual Meeting

2017 Conference

Hotel Saskatchewan

Regina, SK

August 13 - 17, 2017
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