Arbitration Act: Stay and Appeal Issues, Final Report 103

The Alberta Law Reform Institute has published Final Report 103 - Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 - Arbitration Act: Stay and Appeal Issues.

By |2020-05-28T16:02:55-06:00January 1st, 2014|Uncategorized|0 Comments
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Beneficiary Designation by Substitute Decision Makers, Final Report 104

The Alberta Law Reform Institute has released recommendations to ensure testamentary wishes are respected upon death. It has become common to use beneficiary designations as a simple way to pass on assets. Beneficiary designations are made with: Pension plans Insurance policies Retirement savings plans Retirement income funds Locked in retirement accounts Tax free savings accounts However, more of the population is aging and losing the capacity to decide who will receive the proceeds of these [...]

By |2020-05-28T15:59:17-06:00July 1st, 2014|Uncategorized|0 Comments
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Oaths and Affirmations, Final Report 105

A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to [...]

By |2020-05-28T15:55:42-06:00September 1st, 2014|Uncategorized|0 Comments
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Assisted Reproduction After Death: Parentage and Implications, Final Report 106

The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean [...]

By |2020-05-28T15:51:56-06:00March 1st, 2015|Uncategorized|0 Comments
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Interprovincial Recognition of Substitute Decision-making Documents: Personal Directives, Final Report 113

In 2016, the Uniform Law Conference of Canada adopted the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act as suitable for implementation across Canada. The Uniform Act seeks to provide harmonized rules for recognizing substitute decision-making documents (like enduring powers of attorney and personal directives) that are prepared outside of the jurisdiction in which they are sought to be used. This final report reviews ALRI’s consultation process and the feedback ALRI received in response to its preliminary [...]

By |2020-05-28T15:40:34-06:00March 1st, 2019|Uncategorized|0 Comments
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Police Record Checks

A police record check is a search of police databases to determine if they contain any entries (information) relating to an individual. Many employers, volunteer organizations and others use police record checks as a screening tool. That is, they use police record checks to assess applicants’ suitability for opportunities. Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights. [...]

By |2021-08-23T13:03:44-06:00May 28th, 2020|Uncategorized|0 Comments
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Adverse Possession and Lasting Improvements to Wrong Land, Final Report 115

Adverse possession allows a person who has occupied another’s land for at least 10 years to potentially claim ownership of that land. The occupation must be exclusive, open, notorious and continuous. Adverse possession is commonly, but mistakenly, referred to as squatter’s rights. ALRI is recommending that the law of adverse possession be abolished in Alberta. This change would prevent new claims from being brought in the future, but would not affect claims that have been [...]

By |2020-06-01T14:16:36-06:00May 28th, 2020|Uncategorized|0 Comments
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Professor Barb Billingsley Joins ALRI Board

The Alberta Law Reform Institute is excited to announce that incoming U of A Faculty of Law Dean, Barbara Billingsley has joined our Board of Directors. Professor Billingsley practised civil litigation before joining the Faculty of Law as Professor in 2001 and received the Distinguished Service Award for Legal Scholarship from the Law Society of Alberta and Canadian Bar Association in 2018. She published General Principles of Canadian Insurance Law and is a sought-after expert [...]

By |2023-04-24T09:18:37-06:00February 4th, 2020|Latest News, Uncategorized|0 Comments
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Transition to the New Rules of Court

This paper outlines the transition provisions and how the new rules will affect existing proceedings. In particular there are three types of transition provision that govern: when specific new rules will not apply to certain proceedings, when specific former rules will continue in force, and what to do when time periods are different under the new rules.

By |2020-07-06T13:05:00-06:00October 1st, 2010|Uncategorized|0 Comments
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