Adverse Possession and Lasting Improvements to Wrong Land, Report 33

Adverse possession has a long history in the common law of England, Canada, and Alberta. It originated as a common law doctrine used to determine a person’s rights to land. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). The essential common law elements of adverse possession are: -the registered owner must be out of [...]

By |2023-01-27T10:59:11-07:00February 15th, 2020|Adverse Possession|0 Comments
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Transition to the New Rules of Court

This paper outlines the transition provisions and how the new rules will affect existing proceedings. In particular there are three types of transition provision that govern: when specific new rules will not apply to certain proceedings, when specific former rules will continue in force, and what to do when time periods are different under the new rules.

By |2020-07-06T13:05:00-06:00October 1st, 2010|Uncategorized|0 Comments
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Competence and Communication in the Alberta Evidence Act, Final Report 111

On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. Other Canadian jurisdictions have already reformed legislation to address these issues. The Alberta Law Reform Institute [...]

By |2023-01-27T11:00:13-07:00January 1st, 2018|Project|0 Comments
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Abolition of Perpetuities Law, Final Report 110

The rule against perpetuities is an ancient and complex set of legal rules designed to prevent people from indefinitely tying up land and assets via successive contingent interests of title so that future generations cannot sell, mortgage or enjoy full use of the property. In 1972, Alberta reformed the worst excesses of the rule against perpetuities in our current Perpetuities Act, seeking a reasonable balance between competing interests. Following public consultation, the Alberta Law Reform [...]

By |2023-01-27T11:01:17-07:00March 1st, 2017|Project|0 Comments
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Perpetuities Law: Abolish or Reform? Report 29

Perpetuities law is a complex set of legal rules designed to prevent people from indefinitely tying up land and assets for an excessive period of time so that future generations cannot deal freely with the property. But has the time come to abolish perpetuities law in Alberta? Do other modern legal rules now exist which could handle the situation better or more simply? Or should perpetuities law be retained but extensively reformed? Have your say [...]

By |2023-01-27T11:01:31-07:00April 1st, 2016|Project|0 Comments
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Competence and Communication in the Alberta Evidence Act, Report 27

On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. This Report for Discussion contains preliminary recommendations for updating Alberta [...]

By |2023-01-27T11:02:10-07:00August 1st, 2015|Project|0 Comments
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Proposals for a New Alberta Arbitration Act, Final Report 51

This report considers the Arbitration Act, RSA 1980, c A-43, as it was current to the publication of the report. The report considers two principal difficulties users had with the Act: the fact that it left many practical problems unsolved; and the "unduly broad" scope for discretionary intervention by the courts, which would frustrate the desire of many arbitrating parties to avoid litigation. The report presents a draft Act, patterned on the UNCITRAL Model Law [...]

By |2020-06-01T11:18:42-06:00October 1st, 1988|Uncategorized|0 Comments
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Family Law Administration: Court Services, Final Report 26

This report recommends that court services outlined in this report, if acceptable, be given effect to without waiting for the establishment of a unified family court so that they can serve the people of Alberta and so that they can be adapted to the structure of a unified family court when that structure is decided upon and the court established. This report is concerned primarily with the social and legal services which have been developed [...]

By |2020-06-01T13:25:41-06:00April 2nd, 1978|Uncategorized|0 Comments
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