This report is a study of the law of partition and alternative methods of termination of co-ownership and contains a draft Act. The matrimonial home is the most common, but not the only, example of property which is the subject of co-ownership in Alberta. Alberta and Saskatchewan are the only two provinces in Canada that do not have revised legislation providing for termination of co-ownership. The current law in Alberta is contained in three English [...]
This extensive report is the product of research the Institute undertook regarding the law relating to tenancies of residential premises, which is the part of the law of landlord and tenant. It includes a proposed Act that balances the interests of landlords and tenants with the hope that it will provide a satisfactory legal framework for their activities. A plan for a security of tenure is discussed and included to assist in making an informed [...]
This is an extensive report. In its examination of the procedures of expropriation, it recommends procedural fairness that is as expeditious as fairness permits. This requires notice to the owner of a proposed expropriation and provision for objections by the owner. If land is taken, there has to be the right to payment of a reasonable proportion of his compensation before owner is obliged to give up possession. The time from the inception of the [...]
This paper considers the desirability and design of provincial legislation that pursues the regulation of business names and business name disclosure. Business name regulation is for the purpose of limiting the scope for confusion caused by the use of similar names, and business name disclosure requires that firms that use a business name disclose certain information about themselves to the public. This paper discusses the two objectives of business names legislation and then describes the [...]
In common law, a personal representative has no power to grant an option to purchase property comprised in an estate, unless such power is conferred by the terms of a will. We recommend, therefore, that, subject to certain limitations, the Wills Act be amended so as to provide that where any power to sell real property is imposed or conferred upon a personal representative by the terms of a will, such authority should, in the [...]