In this issue:
• Provisions in the Justice and Court Statutes Amendment Act comes into effect July 1, 2012
• 2012 Court of Queen’s Bench Judicial Retirements
Provisions in the Justice and Court Statutes Amendment Act comes into effect July 1, 2012
Amendments to the Civil Enforcement Act and the Proceedings Against the Crown Act are among the provisions in the Justice and Court Statutes Amendment Act, 2011, which will come into effect July 1, 2012.
The amendments to the Civil Enforcement Act improve civil enforcement procedures and clarify provisions include:
- Section 47 - to reduce the number of days seized property must be kept in storage before a civil enforcement agency can give notice to creditors of its intention to release seizure, and to reduce the number of days of notice that must be given to creditors, thereby avoiding unnecessary storage costs.
- Section 48.2 - to eliminate the requirement that a creditor obtain a court order to seize property that is already under seizure. his will streamline procedures and help ensure creditors do not lose rights or priorities with respect to seized property.
- Section 79 - to increase the length of time a garnishee summons remains in effect -from one year to two years - making the time frame consistent with the writ of enforcement and reducing renewal costs.
As a consequence of the amendments to the Civil Enforcement Act, amendments to the Civil Enforcement Regulation (AR 276/95) will also come into effect on July 1, 2012. These include amendments to:
- Section 35.28(2) to increase the length of time that a renewal of a garnishee summons remains in effect from one year to two years.
- The Garnishee Summons (Form 11) and the Garnishee Summons Renewal Statement (Form 12) to reflect the increase in the length of time that a garnishee summons and a renewal of a garnishee summons remains in effect.
A copy of the Civil Enforcement Amendment Regulation (AR 1 09/2012) can be found online at:
Section 10 of the Proceedings Against the Crown Act is amended to remove the restriction against commencing civil proceedings against the Crown in Provincial Court, within the Court's substantive and monetary jurisdiction, thereby improving access to justice for Albertans.
If you have any questions concerning these changes, please contact Rob Anderson, Legal Counsel, Court Services by telephone at 780-427-2714 or by email at email@example.com.
2012 Court of Queen’s Bench Judicial Retirements
The Court of Queen’s Bench announced that the followings Justices have retired or will retire from their positions in 2012:
Mr. Justice Ernest A. Marshall – January 13, 2012
Mr. Justice Arthur M. Lutz – February 3, 2012
Mr. Justice James L. Foster – April 4, 2012
Mr. Justice W. Vaughan Hembroff – May 9, 2012
Mr. Justice Melvyn A. Binder – July 14, 2012
Madam Justice Lawrie J. Smith – September 1, 2012
Mr. Justice Terrence F. McMahon – September 14, 2012
Fraud Alert: Keep Up Your Guard Before Long Weekends
With the July long weekend approaching, lawyers must not let their guard down and be aware of fraud attempts. In the past, fraudsters have been more active in the days just prior to long weekends and other holidays. This is to take advantage of circumstances when lawyers and law firm staff will be busy, more distracted with other things, or away from the office.
Fraud is not solely a concern for real estate lawyers. Litigators and corporate/business lawyers need to be aware that they are now being targeted.
Fraud Alert: Firm’s Trust Account Electronically Targeted
A Calgary lawyer recently contacted the Law Society to advise that their firm’s trust account had been electronically targeted by culprit(s) who were unsuccessful in their attempt to remove money.
On May 27th, 2012, the lawyer’s firm’s general account was electronically accessed and $4,000 was removed and deposited into the trust account. The culprit(s) then attempted to remove the $4,000 from the trust account but was unsuccessful.
The firm’s bank provider recognized the culprit(s) IP address. The culprit(s) had entered the electronic banking service under the guise of Net Smart, an online service used for paying employees. The attempt on the trust account was allegedly to pay employee salaries.
Lawyers are urged to be vigilant in ensuring they have the appropriate protection on their computer systems and that their bank accounts are reviewed frequently for unusual activity.
Fraud Alert: Solicitation Sent by Text
An Alberta lawyer has advised the Law Society of a suspicious (obviously) fraudulent text message which was sent to her iPhone.
The message reads as follows:
"(Info.) My client needs your honest help to assist in investing her inherited funds ($60 M US) properly, Barrister alli, email: alli.chamber".
Lawyers are advised that individuals continue to target members of the Alberta bar with attempted scams.
Know the Law Society’s client identification and verification rules, posted at www.lawsociety.ab.ca.
How to handle a real or suspected fraud
If you have been targeted by a fraud, please contact the Law Society by email at firstname.lastname@example.org.