2017 Alberta Cohabitation Survey Results
In conjunction with its project on property division for common law couples and adult interdependent partners, ALRI partnered with the Population Research Lab at the University of Alberta to carry out a survey of Albertans' attitudes and expectations towards cohabitation and property division. The survey resulted in 1,200 responses and helped guide the recommendations in Report for Discussion 30 - Property Division for Common Law Couples and Adult Interdependent Partners. Donna Fong, Rosanna Shih, and Dr. [...]
Towards a New Arbitration Act for Alberta, Issues Paper 1
Arbitration is a process where a tribunal other than a court resolves a dispute between two or more parties. This issue paper discusses the current arbitration law (as of the time of publication), and potential beneficial changes to that law. The report first considers whether arbitration law in Alberta should be based on either the UNCITRAL Model Law or the BC Act, and the effects this could have on the uniformity of law. It then [...]
Towards Reform of the Law Relating to Cohabitation Outside Marriage, Issues Paper 2
Although at the time of the publication of this report, many aspects of legal marriages were regulated by both statute and the common law, cohabitation between unmarried couples was not. This paper addresses the issue of the law as related to heterosexual cohabiting couples (homosexual couples and purely economic relationships were not addressed) by reviewing the (then-current) law in Alberta, as well as raising several legal issues that needed to be considered regarding cohabiting couples. [...]
Public Inquiries, Issues Paper 3
The Public Inquiries Act, RSA 1980, c P-29, invested the Lieutenant Governor in Council with the power to create public inquiries, when he or she deemed it expedient so to do, on any matter within the jurisdiction of the Province which was connected with its good government or public business. Aside from its function in regulating public inquiries (and their especially the commissioners), the Act is often used as a reference to describe the powers given [...]
Limited Liability Partnerships and Other Hybrid Business Entities, Issues Paper 4
At the time of this paper's publication, certain types of professionals (namely, accountants, lawyers, and certain health care professionals) were required to work in a setting of "unlimited liability," meaning that the individual professionals could be held liable for debts and other liabilities incurred by the company for which they worked. This paper addresses the issue of that unlimited liability, and suggests that there was a "liability crisis" at the time, and therefore an urgent [...]
Enduring Powers of Attorney, Issues Paper 5
The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the [...]
Division of Pension Benefits Upon Marriage Breakdown, Consultation Memorandum 1
This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are [...]
Reasonable Accommodation in the Workplace, Consultation Memorandum 2
This memorandum proposes to reform the duty of accommodation in the workplace. In order to help increase participation in the workforce by disabled person and members of other minority or disadvantaged groups. It proposes a duty of accommodation that would prohibit the exclusion of such persons from particular jobs where it is reasonably possible to provide accommodations that allow them to perform the necessary work. This report recommends the enactment of legislation creating an express [...]
Business Names Legislation, Consultation Memorandum 3
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. 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 general [...]