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
Read More

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
Read More

A New Trustee Act for Alberta, Final Report 109

Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 - A New Trustee Act for Alberta. The Report sets out ALRI’s [...]

By |2023-02-28T11:20:48-07:00January 1st, 2017|Uncategorized|0 Comments
Read More

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
Read More

Trade Secrets, Final Report 46

The legal protection of trade secrets is a desirable objective for the law to pursue and requires improvement through the implementation of new civil and criminal law measures. This report recommends the creation of two new statutory torts to protect the plaintiff who is without an agreement that is governed by the general law of contract. The first tort is aimed at industrial espionage in relation to trade secrets and would make the acquisition of [...]

By |2020-06-01T12:03:37-06:00July 1st, 1986|Uncategorized|0 Comments
Read More

Statute of Frauds and Related Legislation, Final Report 44

This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts [...]

By |2023-01-27T11:04:00-07:00June 1st, 1985|Uncategorized|0 Comments
Read More

Debt Collection Practices, Final Report 42

This report sets out a rules of conduct which will provide a firm and ascertainable legal basis for the conduct of private debt collection agencies and the debt collectors, and rules of conduct which should apply to everyone including collection agencies but also including creditors who collect their own debts. Proposed standards of conduct include prohibitions and obligations stated in simple and intelligible language so it will provide and efficient method of enforcement of the [...]

By |2023-01-27T11:04:13-07:00June 1st, 1984|Uncategorized|0 Comments
Read More

Compensation for Security Interests in Expropriated Land, Final Report 41

This report considers different approaches to compensation for expropriated land which is subject to one or more security interests, especially mortgages. Current to the publication of the report (May 1984), compensation in these cases was regulated by s 49 of the Expropriation Act, RSA 1980, c E-16. This compensation was based on the "market value" theory, under which the security holder was paid market value of the security interest attached to the land, and the [...]

By |2020-06-01T13:11:09-06:00May 1st, 1984|Uncategorized|0 Comments
Read More

The Builders’ Lien Act: Certain Specific Problems, Final Report 30

This report recommends several amendments to the Builders' Lien Act and also briefly discusses whether a Builders' Lien Act is necessary or should be repealed. A draft Builders' Lien Amendment Act is attached. This report recommends that the period of time that the holdback or lien fund must be retained by the owner is 35 days after abandonment or substantial performance of the contract. The report recommends that the Act provide that an owner or [...]

By |2020-06-01T13:23:09-06:00March 1st, 1979|Uncategorized|0 Comments
Read More

Tenancies of Mobile Home Sites, Final Report 28

This report contains a proposed Act that balances the sometimes conflicting interests of the parties to tenancies of mobile home sites, and that will still provide the parties with appropriate and convenient new rights, responsibilities, and remedies. This report covers special features of tenancies of mobile home sites, trends towards statutory regulation, the scope of the proposed legislation, the tenancy agreement, obligations of landlord and tenant, remedies, failure to give possession, termination of tenancies, security [...]

By |2021-01-21T13:19:11-07:00April 3rd, 1978|Uncategorized|0 Comments
Read More
Go to Top