pderas, Author at Alberta Law Reform Institute

Evidence and Related Subjects: Specific Proposals for Alberta Legislation, Final Report 37b

This companion report makes detailed recommendations for Alberta specific evidence legislation. The Alberta Legislature should not enact the Uniform Evidence Act word for word as it is a composite Act that contains some provisions that are appropriate only for federal legislation and would not fit in with existing Alberta legislation. Some changes of substance should be made in it. This report discusses a number of specific policy issues and recommends some changes to the areas [...]

By pderas|2020-06-01T13:16:29-06:00June 1st, 1982|Uncategorized|0 Comments

The Uniform Evidence Act 1981: A Basis for Uniform Evidence Legislation, Final Report 37a

This report briefly presents the state of the law of evidence and the reform proposal that precipitated the evidence project of the Uniform Law conference of Canada. The report describes the Uniform Evidence Act and recommends that Parliament and the Legislatures enact uniform evidence legislation based on the Act. The Senate or a committee of the Senate should review the rules of evidence that the Uniform Evidence Act would apply to criminal proceedings and make [...]

By pderas|2020-06-01T13:16:03-06:00June 1st, 1982|Uncategorized|0 Comments

Proposals for a New Alberta Business Corporations Act Volume 1, Final Report 36

This two-volume set puts forth proposals for an Act to reform the law of Alberta relating to business corporation. This first volume ("Report") discusses the principles and policies upon which a business corporations statute for Alberta should be based. The purpose of this report is to recommend the adoption of a statute that embodies the basic law of business corporations. It should apply to all business corporations incorporated under the Alberta Corporations Act or its [...]

By pderas|2021-09-17T17:05:05-06:00August 1st, 1980|Uncategorized|0 Comments

Proposals for a New Alberta Business Corporations Act Volume 2, Final Report 36

This two-volume set puts forth proposals for an Act to reform the law of Alberta relating to business corporations. This second volume contains the draft Alberta Business Corporations Act together with comments on many of the sections. The comments cover some of the subject matter addressed in the first volume of the Report, but their purpose is to explain the relationship of the sections of the Act to each other and to the principles and [...]

By pderas|2020-06-01T13:17:31-06:00August 1st, 1980|Uncategorized|0 Comments

Defamation: Fair Comment and Letters to the Editor, Final Report 35

This report is concerned about the law as it has stood since the decision of the Supreme Court of Canada in Chernesky v Armadale Publishers Ltd. and King [1978]6 WWR 618. It reviews the existing law of defamation, fair comment, the media, and the effect of the Chernesky decision and proposes twos changes to existing legislation. The law laid down by the Cherneskey case places a publisher in greater jeopardy for publishing opinions of others, [...]

By pderas|2020-06-01T13:17:57-06:00October 1st, 1979|Uncategorized|0 Comments

Service of Documents During Postal Interruptions, Final Report 34

Some statutes or statutory instruments provide for the service of a document by mail. This report addresses the issue of whether or not this purported service by mail is effective in the event of a mail strike. This report recommends that a provincial statute be enacted that will invalidate service by mail when the mail service is not in operation. In such a case the statute should allow a person to effect service personally or [...]

By pderas|2020-06-01T13:18:17-06:00June 1st, 1979|Uncategorized|0 Comments

Interspousal Tort Immunity, Final Report 33

This report addresses the issue of whether inter-spousal tort immunity should be abolished. It addresses the present state of the law in Alberta, other common law provinces of Canada, and other Commonwealth countries. It assesses arguments for retaining interspousal tort immunity, and looks particularly at the reasons for domestic harmony, collusion, indirect benefit from own wrongful conduct, and subrogation. This report concludes that there is no merit in placing any restriction upon the type of [...]

By pderas|2020-06-01T13:19:15-06:00April 3rd, 1979|Uncategorized|0 Comments

Guest Passenger Legislation, Final Report 32

Neither the common law nor statute law has taken a consistent approach to the guest or gratuitous passenger. This report presents arguments in favour of the guest passenger legislation and arguments in favour of repealing the guest passenger legislation. The report notes that today a large number of guest passengers do not get "something for nothing" and that the probability of reciprocal benefit makes it fair to impose liability on the driver for his or [...]

By pderas|2020-06-01T13:22:22-06:00April 2nd, 1979|Uncategorized|0 Comments

Contributory Negligence and Concurrent Wrongdoers, Final Report 31

The Contributory negligence Act and the Tortfeasors Act are valuable pieces of law reform and have made fundamental improvements in tort law. However, there are some gaps in the Acts that give rise to problems of interpretation. This report examines the Acts in order to reconcile them, to clarify them, to fill in any gaps, and to consider whether or not their principles should be extended to cases not currently included within them. This report [...]

By pderas|2020-06-01T13:22:49-06:00April 1st, 1979|Uncategorized|0 Comments

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

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