The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute's (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated [...]
The model Judgment Enforcement Act ("'JEA) set out in this volume gives statutory expression to the recommendations in Volume 1, as well as the recommendations in Report No. 50, Prejudgment Remedies for Unsecured Claimants. We have drafted and published the model JEA with several objectives in mind.
The model Judgement Enforcement Act ("'JEA) set out in this volume gives statutory expression to the recommendations in Volume 1, as well as the recommendations in Report No. 50, Prejudgment Remedies for Unsecured Claimants. We have drafted and published the model JEA with several objectives in mind.
This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption [...]
This paper, which is in two parts, addresses questions of governmental action to ensure the availability of affordable and secure housing. The first section of the paper addresses rent control, i.e. statutory control over how much a landlord may charge in rent. The paper discusses: different systems of rent control, arguments for and against rent control, alternatives to rent control, and, issues that must be addressed when considering rent control. The first section also includes [...]
This three-part paper, deals with the different rules that govern who may or may not enter leased property. Each section surveys the statutory provisions (regulating the issue in question) of various jurisdictions throughout Canada at the time of publication, and lists issues relating to the question covered in the section. The first section of the paper addresses the right of the tenant to exclude entry by the landlord and his or her agents. The second [...]
This paper addresses the three somewhat disparate issues listed in the title. The first section of the paper surveys the common law rules (throughout Canada) and statutory rules of several jurisdictions within Canada (at the time of publication) regulating the duties of a landlord and tenant to maintain and repair certain parts of leased property (and associated properties, such as elevators, hallways, parking stalls, etc.). Issues that must be addressed when considering these rules are [...]
This paper deals generally with issues that arise at the ending of the legal relationship between a landlord and a tenant. Each section of the paper includes an informative introduction, a survey of legal rules throughout jurisdictions in Canada (at the time of publication), and issues raised around the topic of the section. The first section of this paper deals generally with the termination of the landlord and tenant relationship, and specifically with three aspects [...]
This paper addresses several issues related to the resolution of disputes between landlords and tenants, and is broken into three sections. The first section is a broad overview of extra-judicial processes for resolving disputes between landlords and tenants, and includes and overview of the process as conducted in Alberta at the time of publication, as well as a listing of issues relevant to any similar dispute resolution process. The second section is a survey of [...]
