A New Trustee Act for Alberta, Report 28

In 2012, the Uniform Law Conference of Canada published the Uniform Trustee Act and recommended it be adopted by the common law provinces. ALRI representatives participated in the creation of the Uniform Trustee Act. ALRI’s Report For Discussion #28, A New Trustee Act for Alberta, consists of recommendations for implementing the Uniform Trustee Act in Alberta. Using the Uniform Trustee Act as a starting point, ALRI has enhanced, tailored and clarified the Uniform Trustee Act to [...]

By |2023-02-27T15:41:57-07:00November 1st, 2015|Uncategorized|0 Comments
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Matrimonial Property Act: Valuation Date, Final Report 107

Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to [...]

By |2023-01-27T11:01:56-07:00September 1st, 2015|Project|0 Comments
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Competence and Communication in the Alberta Evidence Act, Report 27

On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. This Report for Discussion contains preliminary recommendations for updating Alberta [...]

By |2023-01-27T11:02:10-07:00August 1st, 2015|Project|0 Comments
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Non-Profit Corporations, Report 26

Non-profit organisations are an integral part of our society, an increasing component of our economy, delivering a wide array of services including education, training, housing, food banks, health care and recreation. The current legislation is old and has not kept pace with the non-profit sector and the legislation should be updated to allow non-profits to accomplish their objectives; to clearly articulate the roles and responsibilities of directors and members, and to balance the requirements and [...]

By |2023-01-27T11:02:37-07:00February 3rd, 2015|Project|0 Comments
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Division of Canada Pension Plan Credits in Alberta, Final Report 58

The Canada Pension Plan Act, RSC 1985, c C-8, as amended in 1987, allowed that on the appropriate minister being informed of a divorce, the total Canada Pension Plan ("CPP") credits accumulated by both spouses through the course of the marriage would be split evenly between both ex-spouses. These amendments reflected a desire to protect women who, because of their unpaid contributions within the home, had historically suffered greater poverty in retirement than men. However, [...]

By |2020-06-01T10:57:02-06:00November 1st, 1990|Uncategorized|0 Comments
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Section 16 of the Matrimonial Property Act, Final Report 57

Section 16 of the Matrimonial Property Act, RSA 1980, c M-9, stated that the rights of a person who started a property action against a spouse did not survive that person's death, and thus the action could not be continued by his or her estate. This was based on the legal policy that matrimonial property should be available for the use of a surviving spouse. This report notes that, in practice, this section led to [...]

By |2020-06-01T10:57:26-06:00March 1st, 1990|Uncategorized|0 Comments
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The Bulk Sales Act, Final Report 56

The Bulk Sales Act, RSA 1980, c B-13, was created to protect the creditors of retailers who sell their stock and disappear before paying off their debts. The Act (as it was at the writing of this report) required that anyone buying an unusually large amount of a retailer's stock and trade fixtures must first obtain a list of the retailer's debts, and must pay the retailer's creditors directly (or obtain their consent), before the [...]

By |2023-01-27T11:02:49-07:00January 1st, 1990|Uncategorized|0 Comments
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Limitations, Final Report 55

Limitation periods, as discussed in this report, dictate the amount of time in which one may bring a civil claim to court for some sort of relief. After the limitation period for a claim has passed, the defendant will be immune to liability for that claim. This report addresses the complex and technical nature of limitation law as it was at the time, and recommends a new Model Limitations Act. This Act covers most, but [...]

By |2020-06-01T10:59:20-06:00December 1st, 1989|Uncategorized|0 Comments
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Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Final Report 54

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. [...]

By |2023-01-27T11:03:04-07:00August 1st, 1989|Uncategorized|0 Comments
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Towards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53

This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: - Non-married opposite-sex cohabitants should have an official status, [...]

By |2020-06-01T11:15:32-06:00June 1st, 1989|Uncategorized|0 Comments
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