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Personal Property Security Act, Report for Discussion 35

The Alberta Personal Property Security Act [PPSA] came into force in 1990 and produced a significant improvement in secured transactions in Alberta by removing many of the restrictions and limitations that prevented the use of secured credit. Since 1990, it has become clear that several areas of the law are in need of reform. Online banking and ecommerce as well ambiguities in the law contribute to the need for reform. The PPSA also did not […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE RFD35.pdf

December 2, 2020

Police Record Checks

A police record check is a search of police databases to determine if they contain any entries (information) relating to an individual. Many employers, volunteer organizations and others use police record checks as a screening tool. That is, they use police record checks to assess applicants’ suitability for opportunities. Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights. […]

AREA OF LAW Constitutional and Public Law Landlord and Tenant
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FORMAT Publications
FILE Police-Record-Checks-Prelim-Research.pdf

May 28, 2020

Adverse Possession and Lasting Improvements to Wrong Land, Final Report 115

Adverse possession allows a person who has occupied another’s land for at least 10 years to potentially claim ownership of that land. The occupation must be exclusive, open, notorious and continuous. Adverse possession is commonly, but mistakenly, referred to as squatter’s rights. ALRI is recommending that the law of adverse possession be abolished in Alberta. This change would prevent new claims from being brought in the future, but would not affect claims that have been […]

AREA OF LAW Limitation of Actions Property Real Property
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FORMAT Publications
FILE FR115.pdf

Adverse Possession and Lasting Improvements to Wrong Land, Report 33

Adverse possession has a long history in the common law of England, Canada, and Alberta. It originated as a common law doctrine used to determine a person’s rights to land. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). The essential common law elements of adverse possession are: -the registered owner must be out of […]

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FORMAT Publications
FILE RFD33.pdf

February 15, 2020

Uniform International Commercial Arbitration, Final Report 114

In this Report, ALRI recommends that Alberta adopt the Uniform International Commercial Arbitration Act (2014). ALRI’s recommendations are intended to bring Alberta’s international commercial arbitration law up-to-date with current international standards. Why is Change Needed? Alberta’s current International Commercial Arbitration Act is based on uniform legislation developed in 1986. The Alberta Act has fallen behind the advances that are being made internationally and in other provinces. By updating its legislation, Alberta will catch up to those jurisdictions […]

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FORMAT Publications
FILE FR114.pdf

March 6, 2019

Interprovincial Recognition of Substitute Decision-making Documents: Personal Directives, Final Report 113

In 2016, the Uniform Law Conference of Canada adopted the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act as suitable for implementation across Canada. The Uniform Act seeks to provide harmonized rules for recognizing substitute decision-making documents (like enduring powers of attorney and personal directives) that are prepared outside of the jurisdiction in which they are sought to be used. This final report reviews ALRI’s consultation process and the feedback ALRI received in response to its preliminary […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE FR113.pdf

March 1, 2019

Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112

The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how […]

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FORMAT Publications
FILE FR112.pdf

June 4, 2018

Competence and Communication in the Alberta Evidence Act, Final Report 111

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 reflects outdated assumptions 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. Other Canadian jurisdictions have already reformed legislation to address these issues. The Alberta Law Reform Institute […]

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FORMAT Publications
FILE FR111.pdf

January 1, 2018