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ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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PREFACE AND INVITATION TO COMMENT<br />

Comments on the issues raised in this<br />

Memorandum should reach the Institute by<br />

October 31, 2004<br />

This consultation memorandum addresses a group <strong>of</strong> rules and forms concerned<br />

with enforcement <strong>of</strong> judgments or orders <strong>of</strong> a court. The committee is primarily<br />

concerned with Parts 28 (<strong>Enforcement</strong> <strong>of</strong> <strong>Judgments</strong> and Orders), 36 (Extraordinary<br />

Remedies) and 57 (Rules and Orders Promulgated under the Winding-Up Act). In<br />

addition, the committee will comment on Rules 82-83, 151, 155, 331, 333, and Part 37<br />

as well as some general issues.<br />

Having considered case law, comments from the Bar and the Bench, and<br />

comparisons with the rules <strong>of</strong> other jurisdictions, the Committee has identified a<br />

number <strong>of</strong> issues arising from these procedures and has made preliminary proposals.<br />

These proposals are not final recommendations, but proposals which are being put to<br />

the legal community for further comment. These proposals will be reviewed once<br />

comments on the issues raised in the consultation memorandum are received, and may<br />

be revised accordingly. While this consultation memorandum attempts to include a<br />

comprehensive list <strong>of</strong> issues in the areas covered, there may be other issues which<br />

have not been, but should be, addressed. Please feel free to provide comments<br />

regarding other issues which should be addressed.<br />

We encourage your comments on the issues and the proposals contained herein.<br />

You may respond to one, a few or many <strong>of</strong> the issues addressed. You can reach us<br />

with your comments or with questions about this consultation memorandum or the<br />

Rules Project on our website, by fax, mail or e-mail to:<br />

vii

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