Agreements for Sale to Corporations - The Remedy of Extra-Judicial Determination: Update 1983

The decision in City of Edmonton v. A. & M. Developments Ltd. has provided the spring board to a number of actions by vendors seeking judicial confirmation of their exercise of a power of extra-judicial determination. The Alberta decisions since then have consistently confirmed the availability of such a remedy. However, as the cases come before the Courts, a number of problems have arisen, not all of which have been resolved in a consistent manner. In recent cases a number of preliminary problems or objections have been raised that the Courts must deal with before coming to the question of determination. In this article, the author reviews some of those problems and the developments made by the Courts in this area since 1981.