Order of Application of Assets in Satisfaction of Debts and Liabilities, Report for Discussion 19

This report considers the payment of a person's debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law "order of application" had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those [...]

By |2020-08-05T12:19:10-06:00September 2nd, 2001|Uncategorized|0 Comments
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Family Law v. 18.4–Child Guardianship, Custody and Access, Report for Discussion 18.4

As addressed in the other reports in this series, Alberta law relating to the care of children (at the time of this report's publication) included a variety of statutory provisions that were out-dated, inconsistent, and/or had uncertain scope. For this reason, this report begins from a "clean slate" in trying to define (i) child guardianship, (ii) custody, and (iii) access, and to determine how these issues can be decided in order to protect the best [...]

By |2022-09-26T13:36:38-06:00October 2nd, 1998|Uncategorized|0 Comments
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Family Law v. 18.3–Child Support, Report for Discussion 18.3

This report was written to address five concerns about child support law at the time of its publication, viz.: the inadequacy of child support awarded; inconsistency of award between similar families; inefficiency in assessment; inequality based on "legitimacy" of birth; and unaddressed complexities based on the inter-relation between spousal support, custody of children, and child support. This report expounds recommendations for a new approach to child support, which is meant to foster equality for all [...]

By |2022-09-26T13:35:17-06:00October 2nd, 1998|Uncategorized|0 Comments
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Family Law v. 18.2–Spousal Support, Report for Discussion 18.2

At the time of publication, Alberta's law relating to spousal support after a divorce was unique in Canada, in that it incorporated the "fault doctrine." This doctrine holds that in order to obtain support, a spouse must prove that he or she is the "innocent party" in the divorce (i.e., not responsible for the marriage breakdown), and that the other spouse is culpable (i.e., responsible for the marriage breakdown). This report suggests the elimination of [...]

By |2022-09-26T13:34:06-06:00October 2nd, 1998|Uncategorized|0 Comments
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Family Law v. 18.1–Overview, Report for Discussion 18.1

This report presents the criticisms of Family Law (as it stood at the time of publication) that led to the initiation of the Family Law project by the ALRI. Chief among these criticisms: much of Alberta family law is outdated; family Law is split up among several different pieces of legislation; different parts of Alberta family law are not consistent with each other; family law is controlled by numerous different bodies, with no central authority. [...]

By |2022-09-26T13:31:56-06:00October 2nd, 1998|Uncategorized|0 Comments
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Division of Matrimonial Property on Death, Report for Discussion 17

At the time of publication, there was a contradiction in the law of Alberta regarding marital property. If a marriage dissolved, each spouse would be presumed to have contributed equally to the marriage (barring evidence to the contrary), and therefore to be entitled to an even share of the marital property, regardless of the name on title. On the other hand, if one spouse died before the other, he or she would have complete freedom [...]

By |2022-09-26T13:30:15-06:00March 2nd, 1998|Uncategorized|0 Comments
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Reform of the Intestate Succession Act, Report for Discussion 16

A person who dies without a valid will is known as "intestate." The distribution of such a person's assets was (at the time of this report's publication) determined by the Intestate Succession Act, RSA 1980, c I-9. This Act was based on a system of property distribution developed in 1670 (the Statute of Distribution). This report asserts that this scheme of distribution was out of date, and that the will of those who died intestate could be [...]

By |2022-09-26T13:28:36-06:00January 2nd, 1996|Uncategorized|0 Comments
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Report on Liens, Report for Discussion 13

A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on [...]

By |2020-08-05T12:20:15-06:00September 2nd, 1992|Uncategorized|0 Comments
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The Matrimonial Home, Report for Discussion 14

This report discusses potential changes to the Dower Act and the Matrimonial Property Act. The Dower Act was created with the intent of supporting widows after the death of their husbands, by providing them with ownership, for the remainder of their lives, of the matrimonial home. This report investigates ways in which that intended support can be continued, given modern complexities. The report also considers situations in which, after a divorce or separation, a spouse can obtain occupation of the [...]

By |2022-09-26T13:25:35-06:00March 2nd, 1995|Uncategorized|0 Comments
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