Post Format Publications

Contributory Negligence and Concurrent Wrongdoers, Final Report 31

The Contributory negligence Act and the Tortfeasors Act are valuable pieces of law reform and have made fundamental improvements in tort law. However, there are some gaps in the Acts that give rise to problems of interpretation. This report examines the Acts in order to reconcile them, to clarify them, to fill in any gaps, and to consider whether or not their principles should be extended to cases not currently included within them. This report [...]

By pderas|2020-06-01T13:22:49-06:00April 1st, 1979|Uncategorized|0 Comments

The Builders’ Lien Act: Certain Specific Problems, Final Report 30

This report recommends several amendments to the Builders' Lien Act and also briefly discusses whether a Builders' Lien Act is necessary or should be repealed. A draft Builders' Lien Amendment Act is attached. This report recommends that the period of time that the holdback or lien fund must be retained by the owner is 35 days after abandonment or substantial performance of the contract. The report recommends that the Act provide that an owner or [...]

By pderas|2020-06-01T13:23:09-06:00March 1st, 1979|Uncategorized|0 Comments

Family Relief, Final Report 29

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Family Relief, Final Report 29

This report was undertaken as part of ALRI's studies on the reform of family law. The Family Relief Act provides for an award from an estate for the maintenance of the surviving spouse and a limited class of children. The maintenance must come from the net estate after payment of claims against the deceased. An eligible dependant may apply to the court within six months of the grant of probate or administration. There is provision [...]

By pderas|2020-06-01T13:23:41-06:00June 1st, 1978|Uncategorized|0 Comments

Tenancies of Mobile Home Sites, Final Report 28

This report contains a proposed Act that balances the sometimes conflicting interests of the parties to tenancies of mobile home sites, and that will still provide the parties with appropriate and convenient new rights, responsibilities, and remedies. This report covers special features of tenancies of mobile home sites, trends towards statutory regulation, the scope of the proposed legislation, the tenancy agreement, obligations of landlord and tenant, remedies, failure to give possession, termination of tenancies, security [...]

By pderas|2021-01-21T13:19:11-07:00April 3rd, 1978|Uncategorized|0 Comments

Family Law Administration: Court Services, Final Report 26

This report recommends that court services outlined in this report, if acceptable, be given effect to without waiting for the establishment of a unified family court so that they can serve the people of Alberta and so that they can be adapted to the structure of a unified family court when that structure is decided upon and the court established. This report is concerned primarily with the social and legal services which have been developed [...]

By pderas|2020-06-01T13:25:41-06:00April 2nd, 1978|Uncategorized|0 Comments

Family Law Administration: the Unified Family Court, Final Report 25

This report was created to make specific recommendations towards the creation of a family law section of the Trial Division of the Supreme Court of Alberta. This report does not contain draft legislation for a unified family court and deals only with the structure of the court itself. Court services are addressed in Report No. 26, Family Law Administration: Court Services. The report canvasses developments in other provinces, and discusses why there is a need [...]

By pderas|2020-06-01T13:25:58-06:00April 1st, 1978|Uncategorized|0 Comments

Matrimonial Support, Final Report 27

This report addresses the law of financial support between husband and wife insofar as it falls under the legislative jurisdiction of the province. The report contains a draft of the proposed Act, which would give effect to the institute's recommendations. The report covers the substantive law that establishes and regulates the support obligation between husband and wife. It reviews the process by which the existence of the obligation is established and quantified in a particular [...]

By pderas|2021-09-17T16:59:27-06:00April 3rd, 1978|Uncategorized|0 Comments

Survival of Actions and Fatal Accidents Act Amendment, Final Report 24

This report of produced after concern arose from the decision in the Crosby v O'Reilly case. A working paper was produced and a committee was appointed for the purpose of considering the specific question of whether the claim for damages for loss of expectation of life should be abolished and the broader question of the adoption of the Uniform Survival of Actions Act. This report examines the existing common law in Alberta, legislative change and [...]

By pderas|2020-06-01T13:26:24-06:00April 1st, 1977|Uncategorized|0 Comments

Partition and Sale, Final Report 23

This report is a study of the law of partition and alternative methods of termination of co-ownership and contains a draft Act. The matrimonial home is the most common, but not the only, example of property which is the subject of co-ownership in Alberta. Alberta and Saskatchewan are the only two provinces in Canada that do not have revised legislation providing for termination of co-ownership. The current law in Alberta is contained in three English [...]

By pderas|2022-09-22T15:06:48-06:00March 1st, 1977|Uncategorized|0 Comments

Residential Tenancies, Final Report 22

This extensive report is the product of research the Institute undertook regarding the law relating to tenancies of residential premises, which is the part of the law of landlord and tenant. It includes a proposed Act that balances the interests of landlords and tenants with the hope that it will provide a satisfactory legal framework for their activities. A plan for a security of tenure is discussed and included to assist in making an informed [...]

By pderas|2020-06-01T13:27:08-06:00February 1st, 1977|Uncategorized|0 Comments