Powers and Procedures for Administrative Tribunals in Alberta, Final Report 79

Existing legislation that governs the procedures of adjudicative tribunals in Alberta - the Alberta Administrative Procedures Act - is seriously deficient. It has not kept up to date with new case law, nor does it even apply to a majority of Alberta's adjudicative tribunals. The ALRI suggests replacing this legislation with the Administrative Powers and Procedures Act. It would apply to all tribunals and because of the diverse range of tribunal functions and resources, include "opt-in" legislation. This [...]

By |2020-05-29T13:07:58-06:00December 29th, 1999|Uncategorized|0 Comments
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Trustee Investment Powers, Final Report 80

If the instrument that creates a trust does not expressly define the trustee's powers, section 5 of the Trustee Act defines them. Known as the "legal list", section 5 states which type of investments a trustee may purchase. The list of permitted investments aims to minimize risk. Many Commonwealth jurisdictions are replacing the legal list concept with the prudent investor approach, and a description of this evolution is included in Chapter 2. The prudent investor method encourages [...]

By |2020-05-29T13:04:15-06:00February 29th, 2000|Uncategorized|0 Comments
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Occupiers’ Liability: Recreational Use of Land, Final Report 81

The Minister of Justice requested this report regarding the liability of occupiers of land to recreational users permitted on their premises without payment of a fee. This is not a typical ALRI report, as a recommendation as to whether this aspect of occupiers' liability law should be reformed is not given due to a lack of adequate information about the potential problem to be solved and resources to compile that information. The report suggests matters [...]

By |2021-09-24T10:05:11-06:00February 29th, 2000|Uncategorized|0 Comments
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Cost of Credit Disclosure, Final Report 82

There is an inherent tension in cost of credit disclosure legislation. The legislative objective is to assist consumers in getting the information they need at the time they need it to make informed choices about whether to get credit and where to get it. Increasing the disclosure burden on credit grantors increases their costs, and credit grantors will naturally attempt to pass these costs on to consumers and the requirements will exceed the incremental benefit [...]

By |2021-01-21T11:52:27-07:00February 29th, 2000|Uncategorized|0 Comments
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Division of Matrimonial Property on Death, Final Report 83

This report addresses the underlying conflict between the principles of matrimonial property law and succession law that causes unfair results for a surviving spouse who under the existing law does not have a cause of action under the Matrimonial Property Act. The surviving spouse of a marriage terminated by death should not have fewer remedies than the spouse in a marriage terminated by divorce. The contribution of a spouse to a marriage should be recognized either [...]

By |2020-05-29T12:55:36-06:00May 29th, 2000|Uncategorized|0 Comments
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Wills: Non-Compliance with Formalities, Final Report 84

This report recommends that Alberta courts be given power to admit to probate a will or an alteration, revocation or revival of a will that does not comply with the formalities prescribed by the Wills Act. This "dispensing power" could only be exercised if a court is satisfied by clear and convincing evidence that the testator intended to adopt the document as a will, alteration, revocation or revival. The only formal requirement that could not be [...]

By |2021-09-24T10:13:01-06:00June 29th, 2000|Uncategorized|0 Comments
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Class Actions, Final Report 85

This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation [...]

By |2022-06-28T14:17:52-06:00December 1st, 2000|Uncategorized|0 Comments
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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, 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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