This report was undertaken as part of ALRI's studies on the reform of family law. The Family Relief Act provides for an award from an estate for the maintenance of the surviving spouse and a limited class of children. The maintenance must come from the net estate after payment of claims against the deceased. An eligible dependant may apply to the court within six months of the grant of probate or administration. There is provision [...]
This report contains a proposed Act that balances the sometimes conflicting interests of the parties to tenancies of mobile home sites, and that will still provide the parties with appropriate and convenient new rights, responsibilities, and remedies. This report covers special features of tenancies of mobile home sites, trends towards statutory regulation, the scope of the proposed legislation, the tenancy agreement, obligations of landlord and tenant, remedies, failure to give possession, termination of tenancies, security [...]
This report recommends that court services outlined in this report, if acceptable, be given effect to without waiting for the establishment of a unified family court so that they can serve the people of Alberta and so that they can be adapted to the structure of a unified family court when that structure is decided upon and the court established. This report is concerned primarily with the social and legal services which have been developed [...]
This report was created to make specific recommendations towards the creation of a family law section of the Trial Division of the Supreme Court of Alberta. This report does not contain draft legislation for a unified family court and deals only with the structure of the court itself. Court services are addressed in Report No. 26, Family Law Administration: Court Services. The report canvasses developments in other provinces, and discusses why there is a need [...]
This report addresses the law of financial support between husband and wife insofar as it falls under the legislative jurisdiction of the province. The report contains a draft of the proposed Act, which would give effect to the institute's recommendations. The report covers the substantive law that establishes and regulates the support obligation between husband and wife. It reviews the process by which the existence of the obligation is established and quantified in a particular [...]
This report of produced after concern arose from the decision in the Crosby v O'Reilly case. A working paper was produced and a committee was appointed for the purpose of considering the specific question of whether the claim for damages for loss of expectation of life should be abolished and the broader question of the adoption of the Uniform Survival of Actions Act. This report examines the existing common law in Alberta, legislative change and [...]
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 report contains draft legislation and recommends that a company incorporated under the Alberta Companies Act be permitted to purchase shares which it has issued. Under the recommendations, the portion of the price representing the consideration received by the company for issuing the shares in the first place must be allocated to reducing paid-up capital. Furthermore, the remainder of the price may be deducted from any surplus account that the directors designate. This power may [...]
The general rule is that medical treatment can be given only with the consent of the patient. The age of majority in Alberta is eighteen years, but as one moves to lower ages, sixteen, fifteen, and so on the uncertainty of consent increases. A physician dealing with a minor is left in doubt as to when the patient can give a binding consent. Legislation is required to specify definitely the circumstances in which a minor [...]
