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So far pderas has created 114 blog entries.

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 |2020-08-05T12:24:18-06:00February 15th, 2020|Adverse Possession|0 Comments

Professor Barb Billingsley Joins ALRI Board

The Alberta Law Reform Institute is excited to announce that incoming U of A Faculty of Law Dean, Barbara Billingsley has joined our Board of Directors. Professor Billingsley practised civil litigation before joining the Faculty of Law as Professor in 2001 and received the Distinguished Service Award for Legal Scholarship from the Law Society of Alberta and Canadian Bar Association in 2018. She published General Principles of Canadian Insurance Law and is a sought-after expert [...]

By |2020-04-15T17:03:31-06:00February 4th, 2020|Uncategorized|0 Comments

Transition to the New Rules of Court

This paper outlines the transition provisions and how the new rules will affect existing proceedings. In particular there are three types of transition provision that govern: when specific new rules will not apply to certain proceedings, when specific former rules will continue in force, and what to do when time periods are different under the new rules.

By |2020-07-06T13:05:00-06:00October 1st, 2010|Uncategorized|0 Comments

Work With Us!

The Alberta Law Reform Institute [ALRI] seeks two students who have successfully completed their second year of law. Summer research employment experience at ALRI, is highly regarded by law firms and will provide the students with valued experience to offer future employers. More details at http://bit.ly/alri_currentpositions

By |2020-04-15T17:01:59-06:00December 9th, 2019|Uncategorized|0 Comments

We’ve just published our 2018-2019 annual report!

Read all about our activity this past year in our 2018-2019 annual report. Over the past twelve months we welcomed new Board members and counsel to our team. We also hosted law reform agencies from across Canada for bi-annual Fedaration of Law Reform Agencies of Canada Symposium. Two of our projects were wrapped up with the publication of Final Reports and a roadmap of new projects was established for the coming years. We also saw [...]

By |2020-04-15T17:00:48-06:00September 9th, 2019|Uncategorized|0 Comments

Uniform International Commercial Arbitration, Final Report 114

In this Report, ALRI recommends that Alberta adopt the Uniform International Commercial Arbitration Act (2014). ALRI’s recommendations are intended to bring Alberta’s international commercial arbitration law up-to-date with current international standards. Why is Change Needed? Alberta’s current International Commercial Arbitration Act is based on uniform legislation developed in 1986. The Alberta Act has fallen behind the advances that are being made internationally and in other provinces. By updating its legislation, Alberta will catch up to those jurisdictions [...]

By |2020-08-05T12:24:34-06:00March 6th, 2019|Project|0 Comments

Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112

The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how [...]

By |2020-08-05T12:24:49-06:00June 4th, 2018|Project|0 Comments

Competence and Communication in the Alberta Evidence Act, Final Report 111

On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. Other Canadian jurisdictions have already reformed legislation to address these issues. The Alberta Law Reform Institute [...]

By |2020-08-05T12:24:56-06:00January 1st, 2018|Project|0 Comments

Interprovincial Recognition of Substitute Decision-Making Documents, Report 32

Substitute decision-making documents (also called powers of attorney, proxies, personal directives, etc...) delegate authority to one person to act on behalf of another with respect to financial, property or legal affairs and/or personal or health care matters. A valid substitute decision-making document must conform to the laws of the jurisdiction where it is executed. Execution requirements, however, are not uniform across jurisdictions. As a result, a substitute decision-making document may not be recognized outside of [...]

By |2020-04-15T17:08:21-06:00December 1st, 2017|Project|0 Comments

Property Division: Living Together Before Marriage, Report 31

It is not uncommon for couples to live together before getting married. In some cases, they will acquire significant property, such as a home, furniture and a vehicle. While the Matrimonial Property Act [MPA] applies a presumption of equal division to property acquired during the marriage, it exempts the property acquired before the marriage. Consequently, the original value of that property is not divided on separation or divorce; only the increase in value of that property, from [...]

By |2020-08-05T12:25:07-06:00October 31st, 2017|Project|0 Comments