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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Sterilization Decisions: Minors and Mentally Incompetent Adults, Report for Discussion 6

This consultative document sets out the evolution of the present law, its apparent parameters, the social and medical background to sterilization decisions and tentatively recommends a new statutory regime that would better reflect the present day and foreseeable needs of Canadian citizens. This report recommends that the decision regarding sterilization be made by a judge of the Court of Queen's Bench. Before making the order for sterilization the judge would be required to satisfy himself [...]

By |2023-01-27T10:55:20-07:00March 2nd, 1988|Uncategorized|0 Comments
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Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Report for Discussion 5

Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: - a shareholder or director of that corporation or an affiliated corporation; - an associate of any or the above; or - a purchaser of shares of that corporation or an affiliated corporation if that corporation was not "solvent" as defined by the ABCA. The [...]

By |2023-01-27T10:55:47-07:00August 2nd, 1987|Uncategorized|0 Comments
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Remedies of Unsecured Creditors, Report for Discussion 3

This report is long and it examines the remedies available under the Alberta law to unsecured creditors for collection of their debts and makes tentative proposals for the reform of those remedies. It provides a description of the present system and criticism of it, and outlines the need for technical reform. The report examines the body of research on the kinds of debtors who are likely to get into legal trouble, as well as the [...]

By |2023-01-27T10:56:02-07:00May 2nd, 1986|Uncategorized|0 Comments
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Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2

The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to [...]

By |2023-01-27T10:56:17-07:00May 2nd, 1985|Uncategorized|0 Comments
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Limitations, Report for Discussion 4

This report is to identify and to analyze the policy considerations upon which a limitations system should be based and to derive from that analysis a limitations system which will be as fair and as easily comprehensible as the subject matter permits. This report recommends that Alberta enact a completely new limitations statute, based on recommendations in this report the new Alberta Act will be fairer for all persons and simpler and more comprehensible. A draft Limitations Act is [...]

By |2023-01-27T10:56:45-07:00September 2nd, 1986|Uncategorized|0 Comments
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Protection of Trade Secrets, Report for Discussion 1

There is presently no single body of law governing the circumstances under which trade secrets are legally protectable. The Criminal Code does not recognize theft of a trade secret as an offence. A person must therefore rely upon the law of contract or, in a case where there is no contract, equity. There are major problems with the current causes of action as far as they apply to protection of trade secrets. This report recommends [...]

By |2023-01-27T10:56:58-07:00February 2nd, 1984|Uncategorized|0 Comments
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Matrimonial Property: Division of Pension Benefits Upon Marriage Breakdown, Final Report 48

This report recommends amendments to the Matrimonial Property Act to improve the division of the benefits of a pension plan upon marriage breakdown. It covers all pension plans that fall under provincial jurisdiction or that can be reached by Alberta court orders. Recommendations are designed to achieve fairness, minimize the future entanglement of spouses' financial affairs, encourage settlements, minimize financial and emotional costs, and protect the interests of the employers and other employees in pension plans and [...]

By |2023-01-27T10:57:37-07:00August 2nd, 1986|Uncategorized|0 Comments
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Survivorship, Final Report 47

This report recommends a new rule to cover the case in which property is to go to B on A's death and there is doubt which of them died first. The Alberta Survivorship Act currently provides that in cases of doubt the older of the two will be deemed to have died first. This report proposes a new rule that B, the beneficiary, would be deemed to have died first unless it can be proved that he [...]

By |2023-01-27T10:57:53-07:00August 1st, 1986|Uncategorized|0 Comments
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Status of Children: Revised Report, Final Report 60

This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in [...]

By |2021-09-17T18:49:35-06:00May 29th, 1991|Uncategorized|0 Comments
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