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 This report asserts that this scheme of distribution was out of date, and that the will of those who died intestate could be [...]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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Non-Pecuniary Damages in Wrongful Death Actions, Report for Discussion 12

The Fatal Accidents Act (at the time of this report's publication) governed the right of surviving family members to recover non-pecuniary damages such as the loss of guidance, companionship, and care of a family member from someone who wrongfully causes their relative's death. Section 8 of the Act provided that in the event of the loss of a family member, the following awards will be paid: $3000 to be split by the deceased's parents; $3000 for the [...]

By |2021-01-25T14:41:47-07:00June 2nd, 1992|Uncategorized|0 Comments
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Advance Directives and Substitute Decision-Making in Personal Health Care, Report for Discussion 11

Present law relating to substitute healthcare decision-making is deficient, as it requires that consent be obtained but does not provided a practical mechanism for doing so. The law also fails to provide individuals with a mechanism for planning for their own incapacity with respect to healthcare decisions. This report contains 28 recommendations and contains draft legislation entitled Health Care Instructions Act which would create the advance directive, create the healthcare agent or proxy, and integrate the scheme [...]

By |2021-01-25T14:54:01-07:00November 2nd, 1991|Uncategorized|0 Comments
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Revision of the Surrogate Rules, Report for Discussion 10

This report aims to amend Alberta's outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is [...]

By |2021-01-25T14:12:41-07:00October 2nd, 1991|Uncategorized|0 Comments
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Mortgage Remedies in Alberta, Report for Discussion 9

This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties [...]

By |2021-01-25T14:53:06-07:00April 2nd, 1991|Uncategorized|0 Comments
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Towards a New Alberta Land Titles Act, Report for Discussion 8

This Report for Discussion accompanies the report of the Joint Land Titles Committee entitled Renovating the Foundation: Proposals for a Model Land Recording and Registration Act for the Provinces and Territories of Canada. The core of the Joint Committee's report is a Model Land Recording and Registration Act. In this Report for Discussion we discuss some existing Alberta law and make some comparisons between it and the Model Act. We do so only to illuminate [...]

By |2022-09-26T12:18:00-06:00August 2nd, 1990|Uncategorized|0 Comments
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Enduring Powers of Attorney, Report for Discussion 7

This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. [...]

By |2021-01-25T14:55:07-07:00February 2nd, 1990|Uncategorized|0 Comments
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