Civil Section Resolutions 2008

A. General Resolution respecting Appearance of Reports in the Proceedings

RESOLVED:

That the written reports presented to the Civil Section and to the joint session of the Civil and Criminal Sections appear in the 2008 Proceedings; and

That a summary of the oral reports presented to the Civil Section and to the joint session of the Civil and Criminal Sections appear in the 2008 Proceedings.

B. Resolutions respecting Individual Reports

1. Strategic Lawsuits Against Public Participation (SLAPP)


RESOLVED:
:

That
the Working Group be directed to continue its work and to prepare a draft Act and commentaries in accordance with the Report and the directions of the Conference for consideration at the 2009 meeting.

2. Assisted Human Reproduction


RESOLVED:


That
the Working Group be directed to:
  • continue its work based upon the Report and discussion at the Conference;
  • carry out consultations with stakeholder groups; and
  • prepare further recommendations for consideration at the 2009 meeting.
3. Interest Act Review

RESOLVED:

That
the Working Group be directed to:
  • continue its work based upon the Report and discussion at the Conference;
  • carry out consultations with stakeholder groups; and
  • prepare final recommendations for consideration at the 2009 meeting.
4. Income Trusts

RESOLVED:


That the Uniform Income Trusts Act and commentaries be adopted and recommended to the jurisdictions for enactment.

5. Personal Property Security Act


RESOLVED:

That the update report be received and the Working Group be directed to continue its work in accordance with the protocol in the Report presented to the Conference in 2007.

6. Convention on the use of Electronic Communications in International Contracts

RESOLVED:

That the Civil Section Steering Committee continue to monitor developments in the area of Electronic Commerce in International Contracts and, if appropriate, make recommendations to the New Projects Committee.

7. UN Convention on Independent Guarantees and Stand-by Letters of Credit


RESOLVED:

That the Working Group be directed to continue to consider the issues raised in the Report and the directions of the Conference and that it prepare a uniform Act and commentaries for consideration at the 2009 meeting.

8. Collateral Use of Crown Brief Disclosure

RESOLVED:

That
the Joint Civil/Criminal Section Working Group be directed to:
  • prepare model rules and legislation in accordance with the recommendations contained in the Report;
  • report back to the Conference at the 2009 meeting.
9. Malicious Prosecution

RESOLVED:

That the Joint Civil/Criminal Section Working Group be directed to:

  • continue its work on the issues raised in the Report in accordance with the direction of the Conference;
  • monitor the results of the Miazga appeal and its impact on the recommendations of the Working Group; and
  • report back to the Conference at the 2009 meeting.
10. Identity Theft

RESOLVED:

That
the Joint Criminal/Civil Section Working Group be directed to:
  • prepare a draft Act and commentaries regarding privacy breach notification in accordance with the directions of the Conference and the recommendations contained in the Report;
  • provide the Report to Deputy Ministers of Justice to determine what further study should be undertaken to identify the appropriate method of assisting victims of identity theft where criminal records or other related documents have been erroneously created in the name of the victim; and
  • report back to the Conference at the 2009 meeting
11. Fraudulent Conveyances and Preferences

RESOLVED:

That
the working group continmue its' work and that it:
  • consider the issues raised in the Report and the directions of the Conference;
  • finalize policy recommendations preliminary to the preparation of a draft Act and commentaries; and
  • report back to the Conference at the 2009 meeting.
12. Uniform Trusts Act

RESOLVED:

That a working group be established and directed to prepare a Report in accordance with the directions of the Conference for consideration at the 2009 meeting.

13. Hague Convention on Choice of Court Agreements

RESOLVED:

That
a working group be established and directed to prepare a uniform implementing Act and commentaries in accordance with the Report and the directions of the Conference for consideration at the 2009 meeting.

14. Unincorporated Associations

RESOLVED:

That
the Uniform Unincorporated Nonprofit Associations Act and commentaries and the Amendments to the Civil Code of Quebec and commentaries be adopted and recommended to the jurisdictions for enactment.

15. Wills and Succession


RESOLVED:

That
the Civil Section of the ULCC explore partnering with Alberta Justice to engage an expert to prepare a study paper on conflict of law issues in succession law.

That
the study paper consider the issues raised in the Report and the directions of the Conference.

That
the study paper be prepared for consideration at the 2009 meeting.

16. Uniform Law Commission, Mexican Uniform Law Centre, Standing Committee of Attorneys General (SCAG)

RESOLVED:

That
the ULCC express its thanks to Justice Martha Walters, President of the Uniform Law Commission, Dr. Jorge Sanchez Cordero, Director of the Mexican Uniform Law Centre, and Amanda Davies of the Standing Committee of Attorneys General for their interesting and informative presentations.

17. Privity of Contract

RESOLVED:

That
the Civil Section Steering Committee continue to monitor developments in the area of privity of contracts and third party rights and, if appropriate, make recommendations to the New Projects Committee.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018