Non-Resident Trustees Under the Dependent Adults Act, Final Report 86

A trustee under the Dependent Adults Act of Alberta handles some or all of the financial affairs of a dependent adult, depending on the terms of the trusteeship order. An individual cannot be appointed a trustee under the Dependent Adults Act unless the individual is a resident of Alberta. The Act's prohibition of non-resident trustees creates significant practical difficulties if the only suitable or most suitable potential trustee is a non-resident or if an Alberta trustee is appointed and [...]

By |2020-05-29T12:44:39-06:00January 29th, 2002|Uncategorized|0 Comments
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Report on a Succession Consolidation Statute-Alberta Statutory Provisions, Final Report 87 Appendix A

We have also taken the information contained in Appendix A and organized it in an alternative format according to broad subject area. For those who might be interested, the document is found here.

By |2023-01-27T10:58:45-07:00December 29th, 2002|Uncategorized|0 Comments
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Report on a Succession Consolidation Statute, Final Report 87

This report advocates the consolidation of Alberta's core succession statutes into one Act. A single piece of consolidated legislation covering all the essentials of statutory succession law would be a convenient reference tool for use by both practitioners and the public. The consolidated legislation will promote accessibility and ease of use of our statutory succession law. This report contains detailed research that identifies all succession-related statutes and statutory provisions and identifies Alberta legislation that is [...]

By |2023-01-27T10:52:23-07:00December 29th, 2002|Uncategorized|0 Comments
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Enduring Powers of Attorney: Safeguards Against Abuse, Final Report 88

The Powers of Attorney Act allows a donor of a power of attorney to provide either that the power of attorney will come into effect on the donor's mental incapacity or infirmity or that the power of attorney will continue in force despite the donors supervening mental incapacity or infirmity. It classifies both springing and continuing powers of attorney as "enduring" powers of attorney (EPA). The great majority of attorneys exercise their control for the donor's benefit, [...]

By |2020-06-01T10:21:22-06:00February 1st, 2003|Uncategorized|0 Comments
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Limitations Act – Adverse Possession and Lasting Improvements, Final Report 89

This report considers the effect of the Limitations Act on the areas of adverse possession and lasting improvements under the Law of Property Act. In considering how best to resolve disputes regarding the ownership and use of land, this report looks to the objectives of protecting future ownership of land, ensuring land's transferability, and preventing the revival of stale claims. Recommendations to avoid the effect of claims being postponed by a continuing course of conduct include to subject [...]

By |2020-05-29T12:00:43-06:00May 29th, 2003|Uncategorized|0 Comments
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Limitations Act – Standardizing Limitation Periods for Actions on Insurance Contracts, Final Report 90

Presently limitation periods for bringing actions against insurers for failing to honour insurance policies depends on the type of insurance. The Insurance Act contains statutory provisions that specifically set out limitation periods for certain types of insurance and requires other specific types of insurance policies to contain "Statutory Conditions" that prescribe their own limitation periods. Inconsistent limitation periods have caused confusion for both insured and for lawyers, and have resulted in a considerable amount of litigation over [...]

By |2020-05-29T10:58:55-06:00August 29th, 2003|Uncategorized|0 Comments
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Exemption of Future Income Plans, Final Report 91

This report considers whether registered retirement savings plans (RRSPs), deferred profit sharing plans (DPSPs), and registered retirement income funds (RRIFs) should be wholly or partly exempt from creditors' remedies during the lifetime of the plan holder. This report also considers the exempt status of locked-in retirement accounts (LIRAs), life income funds (LIFs) and locked-in retirement income funds (LRIFs). Draft legislation is included. This report states that insurance and non-insurance RRSPs, DPSPs and RRIFs as defined [...]

By |2020-05-29T10:55:36-06:00May 29th, 2004|Uncategorized|0 Comments
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Exemption of Future Income Plans on Death, Final Report 92

This report deals with creditor protection upon death of the plan holder. The principle issue in this report is whether registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs) and deferred profit sharing plans (DPSPs) should be wholly or partially exempt from the remedies of the creditors of the deceased plan holder. Recommendations apply to all RRSPs, RRIFs and DPSPs and recommendations differ somewhat from the creditor protection that now exists for insurance RRSPs, [...]

By |2021-01-21T11:40:44-07:00May 30th, 2004|Uncategorized|0 Comments
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Family Law Project – The Conclusion, Final Report 93

This report sets out the process by which ALRI has proposed rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in [...]

By |2020-06-24T12:09:27-06:00June 29th, 2004|Uncategorized|0 Comments
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Enforcement of Judgments, Final Report 94

This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation [...]

By |2020-05-29T10:26:23-06:00September 29th, 2008|Uncategorized|0 Comments
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