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
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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
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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
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Joinder of Divorce Proceedings with other Causes of Action, Final Report 7

This report addresses the joinder of divorce proceedings with other causes of action between husband and wife. Section 2(g) of the Divorce Act, 1968, provides that "'petition' for divorce means a petition or motion for a decree of divorce, either with or without corollary relief by way of an order under section 10 or 11". It can be argued that this definition effectively precludes any collateral issues being introduced in the petition for divorce and [...]

By |2020-06-01T13:41:03-06:00August 2nd, 1971|Uncategorized|0 Comments
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