Publications
Adverse Possession and Lasting Improvements to Wrong Land, Final Report 115
Adverse possession allows a person who has occupied another’s land for at least 10 years to potentially claim ownership of that land. The occupation must be exclusive, open, notorious and continuous. Adverse possession is commonly, but mistakenly, referred to as squatter’s rights. ALRI is recommending that the law of adverse possession be abolished in Alberta. This change would prevent new claims from being brought in the future, but would not affect claims that have been […]
AREA OF LAW | Limitation of Actions Property Real Property |
TAGS | quiet, lasting, fence, real estate, dispute, claim, Improvement, Land, Limitations, Possession, Property, Rights, Squatters, title, trespasser |
FORMAT | Publications |
FILE | FR115.pdf |
May 28, 2020
Limitations Act – Standardizing Limitation Periods for Actions on Insurance Contracts, Final Report 90
Presently limitation periods for bringing actions against insurers for failing to honour insurance policies depends on the type of insurance. The Insurance Act contains statutory provisions that specifically set out limitation periods for certain types of insurance and requires other specific types of insurance policies to contain “Statutory Conditions” that prescribe their own limitation periods. Inconsistent limitation periods have caused confusion for both insured and for lawyers, and have resulted in a considerable amount of litigation over […]
AREA OF LAW | Corporate and Commercial Limitation of Actions Procedure |
TAGS | period, contract, insurance, Limitations |
FORMAT | Publications |
FILE | fr090.pdf |
August 29, 2003
Limitations Act – Adverse Possession and Lasting Improvements, Final Report 89
This report considers the effect of the Limitations Act on the areas of adverse possession and lasting improvements under the Law of Property Act. In considering how best to resolve disputes regarding the ownership and use of land, this report looks to the objectives of protecting future ownership of land, ensuring land’s transferability, and preventing the revival of stale claims. Recommendations to avoid the effect of claims being postponed by a continuing course of conduct include to subject […]
AREA OF LAW | Limitation of Actions Procedure Property Real Property |
TAGS | adverse possession, section 69, dispossession, real estate, dispute, Limitations, Property |
FORMAT | Publications |
FILE | fr089.pdf |
May 29, 2003
Standardizing Limitation Periods for Actions on Insurance Contracts, Consultation Memorandum 10
When the new Limitations Act came into force on March 1, 1999, a number of changes were made to the limitation law in Alberta. The limitation periods for actions on insurance contracts is in a state of confusion, several of the limitation periods that the Insurance Act prescribes are inconsistent with the general limitation periods in the Limitations Act. The scope of this project addresses issues which relate to rationalizing limitation periods for actions against insurers. The issues addressed and […]
AREA OF LAW | Administration of Justice Corporate and Commercial Courts Limitation of Actions Procedure |
TAGS | insurer, period, contract, insurance, Limitation |
FORMAT | Publications |
FILE | cm10.pdf |
December 4, 2001
Class Actions, Consultation Memorandum 9
This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]
December 4, 2000
Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5
The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]
December 1, 1998
Should a Claim for Loss of a Chance of Future Earnings Survive Death?, Consultation Memorandum 4
This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure |
TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
FORMAT | Publications |
FILE | cm4.pdf |
August 1, 1997
Limitations, Final Report 55
Limitation periods, as discussed in this report, dictate the amount of time in which one may bring a civil claim to court for some sort of relief. After the limitation period for a claim has passed, the defendant will be immune to liability for that claim. This report addresses the complex and technical nature of limitation law as it was at the time, and recommends a new Model Limitations Act. This Act covers most, but […]
AREA OF LAW | Limitation of Actions Procedure |
TAGS | acquiescence, action, adverse possessio, claim, Limitation, Possession, remedial |
FORMAT | Publications |
FILE | fr055.pdf |
ENACTMENT |
Limitations Act, SA 1996, c L-15.1 (now RSA 2000, c L-12). |
December 1, 1989
Part Payment; Limitation of Actions; Joint Debtors
AREA OF LAW | Limitation of Actions Procedure |
TAGS | payment, action, creditor, debt, debtor, joint, Limitation |
FORMAT | Publications |
FILE | urp-73_9-Part-Payment_Burrows.pdf |
January 1, 1973