The Operation of the Unsecured Creditors’ Remedies System in Alberta, Research Paper 16

A plaintiff who has obtained a monetary judgement as a result of a court case, but who has not yet received that money, is known as a "judgement creditor." This report is a survey of: whether judgement creditors made use of enforcement mechanisms to obtain their money; which remedies were used frequently, and which ones infrequently; how the remedies that were used operated, and how far they were carried; and how successful the remedy process [...]

By |2021-02-08T13:42:49-07:00March 3rd, 1986|Uncategorized|0 Comments
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Corporate Directors’ Liability, Research Paper 17

This paper addresses the question of the standard of care required from the directors of corporations. At the time of publication, there were different commonlaw rules about Corporate Directors' Liability in different jurisdictions: that in Alberta being that "a director is not expected to exhibit 'a greater degree of skill than may [reasonably] be expected from a person of his [sic] knowledge and experience'"; that in Delaware being much higher, that in Indiana being lower; [...]

By |2020-08-05T12:17:41-06:00February 3rd, 1989|Uncategorized|0 Comments
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Report on Referees, Research Paper 18

A referee is a person appointed to decide a specific, circumscribed question of fact. This person submits a report to the judge, who may decide to either accept or reject that report. In Alberta (at the time of publication), Masters in Chambers were official referees in all courts, and clerks and deputy clerks are official referees in the Provincial court, and could act as referees when required by the Court of Queen's Bench. Outside of [...]

By |2020-08-05T12:17:45-06:00February 3rd, 1990|Uncategorized|0 Comments
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Dispute Resolution: A Directory of Methods, Projects and Resources, Research Paper 19

This paper was written in order to investigate improvements in the law and the administration of justice, and also as a response to the increased public interest in alternate dispute resolution (at the time of publication). The paper itself is a survey of: the nature of the Alternative Dispute Resolution (ADR) movement; possible ADR methods; and various ADR projects and resources. This report does not come to any specific conclusions about alternative dispute resolution, but [...]

By |2020-08-05T12:17:58-06:00July 3rd, 1990|Uncategorized|0 Comments
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Court-Connected Family Mediation Programs in Canada, Research Paper 20

This paper addresses the use of (non-litigated) mediation as an adjunct to litigation within the court system. The paper surveys: the mediation process (as it was at the time of publication), with a discussion of its advantages and disadvantages compared to litigation; the different mediation programs available (at the time of publication); descriptions of child-protection mediation programs released immediately prior to publication in British Columbia and Nova Scotia; and the empirical effectiveness of mediation programs [...]

By |2021-02-08T13:55:14-07:00May 3rd, 1994|Uncategorized|0 Comments
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Recognition of Rights and Obligations in Same Sex Relationships, Research Paper 21

In 1999, in M. v. H. (1999), 171 DLR (4th) 577 (SCC), the Supreme Court of Canada determined that any legislation which provided access to court-enforced spousal support rights to opposite-sex unmarried couples, while denying that access to equivalent same-sex couples, was unconstitutional (in that it violated s 15(1) of the Charter and was not saved by s 1) This paper surveys Alberta legislation current to the time of publication, and determines there are several points on inconsistency between [...]

By |2020-08-05T12:18:13-06:00January 3rd, 2002|Uncategorized|0 Comments
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Matrimonial Property Act: Valuation Date, Report for Discussion 25

The Matrimonial Property Act was enacted in 1978 and provides a method of sharing matrimonial property between spouses on marriage breakdown. What property is available for sharing and how is it valued? Since 2005, the law applied by the courts is that the property must be valued at trial. In reviewing Alberta cases since 2009, this date is problematic. It is an uncertain future date, assumes spouses will litigate to trial, and discourages earlier party driven settlements. [...]

By |2020-08-05T12:18:27-06:00November 2nd, 2014|Uncategorized|0 Comments
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Arbitration Act: Stay and Appeal Issues, Report for Discussion 24

Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so [...]

By |2020-08-05T12:18:32-06:00August 2nd, 2012|Uncategorized|0 Comments
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Succession and Posthumously Conceived Children, Report for Discussion 23

This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and [...]

By |2020-08-05T12:18:41-06:00February 2nd, 2012|Uncategorized|0 Comments
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Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21

This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in [...]

By |2020-08-05T12:18:55-06:00March 2nd, 2009|Uncategorized|0 Comments
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