Matrimonial Property Act: Valuation Date, Final Report 107

Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to [...]

By |2023-01-27T11:01:56-07:00September 1st, 2015|Project|0 Comments
Read More

Division of Canada Pension Plan Credits in Alberta, Final Report 58

The Canada Pension Plan Act, RSC 1985, c C-8, as amended in 1987, allowed that on the appropriate minister being informed of a divorce, the total Canada Pension Plan ("CPP") credits accumulated by both spouses through the course of the marriage would be split evenly between both ex-spouses. These amendments reflected a desire to protect women who, because of their unpaid contributions within the home, had historically suffered greater poverty in retirement than men. However, [...]

By |2020-06-01T10:57:02-06:00November 1st, 1990|Uncategorized|0 Comments
Read More

Section 16 of the Matrimonial Property Act, Final Report 57

Section 16 of the Matrimonial Property Act, RSA 1980, c M-9, stated that the rights of a person who started a property action against a spouse did not survive that person's death, and thus the action could not be continued by his or her estate. This was based on the legal policy that matrimonial property should be available for the use of a surviving spouse. This report notes that, in practice, this section led to [...]

By |2020-06-01T10:57:26-06:00March 1st, 1990|Uncategorized|0 Comments
Read More

Towards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53

This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: - Non-married opposite-sex cohabitants should have an official status, [...]

By |2020-06-01T11:15:32-06:00June 1st, 1989|Uncategorized|0 Comments
Read More

Status of Children: Revised Report, Final Report 45

This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in [...]

By |2022-09-22T15:07:38-06:00November 1st, 1985|Uncategorized|0 Comments
Read More

Protection of Children’s Interests in Custody Disputes, Final Report 43

The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child's family and to form opinions as to where the child's best interests lie. A majority of cases utilizing an amicus curiae [...]

By |2021-09-17T18:27:32-06:00October 1st, 1984|Uncategorized|0 Comments
Read More

Family Relief, Final Report 29

This report was undertaken as part of ALRI's studies on the reform of family law. The Family Relief Act provides for an award from an estate for the maintenance of the surviving spouse and a limited class of children. The maintenance must come from the net estate after payment of claims against the deceased. An eligible dependant may apply to the court within six months of the grant of probate or administration. There is provision [...]

By |2020-06-01T13:23:41-06:00June 1st, 1978|Uncategorized|0 Comments
Read More

Consent of Minors to Health Care, Final Report 19

The general rule is that medical treatment can be given only with the consent of the patient. The age of majority in Alberta is eighteen years, but as one moves to lower ages, sixteen, fifteen, and so on the uncertainty of consent increases. A physician dealing with a minor is left in doubt as to when the patient can give a binding consent. Legislation is required to specify definitely the circumstances in which a minor [...]

By |2020-06-01T13:30:05-06:00December 1st, 1975|Uncategorized|0 Comments
Read More

Matrimonial Property, Final Report 18

This is an extensive and large report regarding the feasibility of legislation that, upon dissolution of marriage, would give each spouse the right to an equal share in the assets accumulated during the marriage other than by gift or inheritance from outside sources. Three major proposals for change are judicial discretion, community of property, and deferred sharing. This report analyzes the committee's majority and minority views on these proposals. Regarding judicial discretion, the law could [...]

By |2020-06-01T13:31:07-06:00August 1st, 1975|Uncategorized|0 Comments
Read More

Minors’ Contracts, Final Report 14

The common law governs minors' contracts in Alberta and elsewhere in Canada outside of Quebec. The Legislatures have intervened only sporadically and have dealt only with matters of detail. This report recommends that the attached draft Act be enacted. The law needs to give to minors some protection from liability on their contracts and allow the courts broad discretionary power to do justice in cases of unconscionable contracts. The law should interfere with contracts only [...]

By |2020-06-01T13:33:17-06:00January 1st, 1975|Uncategorized|0 Comments
Read More
Go to Top