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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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 [...]

By |2020-05-29T12:00:43-06:00May 29th, 2003|Uncategorized|0 Comments
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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 [...]

By |2020-05-29T10:58:55-06:00August 29th, 2003|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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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 [...]

By |2020-06-01T14:16:36-06:00May 28th, 2020|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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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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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 [...]

By |2020-06-01T10:59:20-06:00December 1st, 1989|Uncategorized|0 Comments
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