Mortgage Remedies in Alberta, Final Report 70

This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties [...]

By |2020-05-29T14:56:16-06:00June 29th, 1994|Uncategorized|0 Comments
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Occupiers’ Liability: Recreational Use of Land, Final Report 81

The Minister of Justice requested this report regarding the liability of occupiers of land to recreational users permitted on their premises without payment of a fee. This is not a typical ALRI report, as a recommendation as to whether this aspect of occupiers' liability law should be reformed is not given due to a lack of adequate information about the potential problem to be solved and resources to compile that information. The report suggests matters [...]

By |2021-09-24T10:05:11-06:00February 29th, 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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Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97

Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed [...]

By |2020-05-29T10:10:26-06:00October 29th, 2009|Uncategorized|0 Comments
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Police Record Checks

A police record check is a search of police databases to determine if they contain any entries (information) relating to an individual. Many employers, volunteer organizations and others use police record checks as a screening tool. That is, they use police record checks to assess applicants’ suitability for opportunities. Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights. [...]

By |2021-08-23T13:03:44-06:00May 28th, 2020|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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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
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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
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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
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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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