Limitations, Report for Discussion 4

This report is to identify and to analyze the policy considerations upon which a limitations system should be based and to derive from that analysis a limitations system which will be as fair and as easily comprehensible as the subject matter permits. This report recommends that Alberta enact a completely new limitations statute, based on recommendations in this report the new Alberta Act will be fairer for all persons and simpler and more comprehensible. A draft Limitations Act is [...]

By |2023-01-27T10:56:45-07:00September 2nd, 1986|Uncategorized|0 Comments
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The Presumption of Crown Immunity, Final Report 71

Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification [...]

By |2021-09-23T13:05:11-06:00July 29th, 1994|Uncategorized|0 Comments
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Powers and Procedures for Administrative Tribunals in Alberta, Final Report 79

Existing legislation that governs the procedures of adjudicative tribunals in Alberta - the Alberta Administrative Procedures Act - is seriously deficient. It has not kept up to date with new case law, nor does it even apply to a majority of Alberta's adjudicative tribunals. The ALRI suggests replacing this legislation with the Administrative Powers and Procedures Act. It would apply to all tribunals and because of the diverse range of tribunal functions and resources, include "opt-in" legislation. This [...]

By |2020-05-29T13:07:58-06:00December 29th, 1999|Uncategorized|0 Comments
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Class Actions, Final Report 85

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 [...]

By |2022-06-28T14:17:52-06:00December 1st, 2000|Uncategorized|0 Comments
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Enforcement of Judgments, Final Report 94

This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation [...]

By |2020-05-29T10:26:23-06:00September 29th, 2008|Uncategorized|0 Comments
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Rules of Court Project, Final Report 95

This report sets out the process by which ALRI has proposed Rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in [...]

By |2022-08-08T10:31:04-06:00October 29th, 2008|Uncategorized|0 Comments
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Criminal Trial Proceedings, Final Report 100

The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of [...]

By |2021-01-29T14:25:47-07:00August 1st, 2012|Uncategorized|0 Comments
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Criminal Appeal Procedures, Final Report 101

The criminal appeal process is complex and not well understood. It derives from a number of sources, which are not always consistent and not always clear. Personal freedom and liberty are crucial. The stakes are high for anyone convicted of an offense. Prompt access to an appeal system that is clear and comprehensive is critical. The challenge accepted by the Alberta Law Reform Institute, and taken up by its working group of judges, prosecutors, defense [...]

By |2021-01-21T11:38:51-07:00August 2nd, 2012|Uncategorized|0 Comments
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Arbitration Act: Stay and Appeal Issues, Final Report 103

The Alberta Law Reform Institute has published Final Report 103 - Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 - Arbitration Act: Stay and Appeal Issues.

By |2020-05-28T16:02:55-06:00January 1st, 2014|Uncategorized|0 Comments
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Oaths and Affirmations, Final Report 105

A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to [...]

By |2020-05-28T15:55:42-06:00September 1st, 2014|Uncategorized|0 Comments
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