This report recommends that the Contributory Negligence Act (CNA) be amended to abolish the common-law rule known as the "last clear chance" rule. The "last clear chance" rule applied where both the contributory negligence of a plaintiff and the fault of a defendant caused loss to the plaintiff and where one of the them had a "last clear chance" to avoid the effect of the other's fault and failed to do so. If the defendant was the [...]
Section 2 of the Survival of Actions Act (SAA) provides that a "cause of action vested in a person survives for the benefit of his estate." Section 5 of the SAA specifies that "only those damages that resulted in actual financial loss to the deceased or his estate are recoverable." In Duncan Estate v Baddeley, the Alberta Court of Appeal ruled that the loss of a chance of future earnings was an actual financial loss. This report recommends the SAA be amended [...]
In Alberta, professionals conduct their trades through professional corporations, which do not entitle these professionals to the same types of limited liability protection enjoyed by shareholders in traditional business corporations. The issue this report considers is whether certain professions, which are currently required to practice in unlimited liability firms (such as accounting, legal, and health care), should be allowed to practice through limited liability firms. This report recommends that these professions, and all others, be [...]
The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving [...]
Existing legislation that governs the procedures of adjudicative tribunals in Alberta - the Alberta Administrative Procedures Act - is seriously deficient. It has not kept up to date with new case law, nor does it even apply to a majority of Alberta's adjudicative tribunals. The ALRI suggests replacing this legislation with the Administrative Powers and Procedures Act. It would apply to all tribunals and because of the diverse range of tribunal functions and resources, include "opt-in" legislation. This [...]
If the instrument that creates a trust does not expressly define the trustee's powers, section 5 of the Trustee Act defines them. Known as the "legal list", section 5 states which type of investments a trustee may purchase. The list of permitted investments aims to minimize risk. Many Commonwealth jurisdictions are replacing the legal list concept with the prudent investor approach, and a description of this evolution is included in Chapter 2. The prudent investor method encourages [...]
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 [...]
There is an inherent tension in cost of credit disclosure legislation. The legislative objective is to assist consumers in getting the information they need at the time they need it to make informed choices about whether to get credit and where to get it. Increasing the disclosure burden on credit grantors increases their costs, and credit grantors will naturally attempt to pass these costs on to consumers and the requirements will exceed the incremental benefit [...]
This report addresses the underlying conflict between the principles of matrimonial property law and succession law that causes unfair results for a surviving spouse who under the existing law does not have a cause of action under the Matrimonial Property Act. The surviving spouse of a marriage terminated by death should not have fewer remedies than the spouse in a marriage terminated by divorce. The contribution of a spouse to a marriage should be recognized either [...]
This report recommends that Alberta courts be given power to admit to probate a will or an alteration, revocation or revival of a will that does not comply with the formalities prescribed by the Wills Act. This "dispensing power" could only be exercised if a court is satisfied by clear and convincing evidence that the testator intended to adopt the document as a will, alteration, revocation or revival. The only formal requirement that could not be [...]
