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2017 Alberta Cohabitation Survey Results


In conjunction with its project on property division for common law couples and adult interdependent partners, ALRI partnered with the Population Research Lab at the University of Alberta to carry out a survey of Albertans’ attitudes and expectations towards cohabitation and property division. The survey resulted in 1,200 responses and helped guide the recommendations in Report for Discussion 30 – Property Division for Common Law Couples and Adult Interdependent Partners. Donna Fong, Rosanna Shih, and Dr. […]

AREA OF LAW Family Law Marriage & Divorce
TAGS , , , , , ,
FORMAT Other
FILE AB_cohab_survey_results.pdf

September 8, 2017

Matrimonial Property Act: Valuation Date, Report for Discussion 25


The Matrimonial Property Act was enacted in 1978 and provides a method of sharing matrimonial property between spouses on marriage breakdown. What property is available for sharing and how is it valued? Since 2005, the law applied by the courts is that the property must be valued at trial. In reviewing Alberta cases since 2009, this date is problematic. It is an uncertain future date, assumes spouses will litigate to trial, and discourages earlier party driven settlements. […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RFD25_hyperlinks.pdf

November 2, 2014

Succession and Posthumously Conceived Children, Report for Discussion 23


This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and […]

AREA OF LAW Wills and Succession Children Family Law
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FORMAT Publications
FILE RFD23_web.pdf

February 2, 2012

Family Law Project – The Conclusion, Final Report 93


This report sets out the process by which ALRI has proposed rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr093.pdf

June 29, 2004

Enduring Powers of Attorney, Issues Paper 5


The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE IPNo.5.pdf

February 4, 2002

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 […]

AREA OF LAW Wills and Succession Family Law
TAGS , , , , , , ,
FORMAT Publications
FILE fr086.pdf

January 29, 2002

Recognition of Rights and Obligations in Same Sex Relationships, Research Paper 21


In 1999, in M. v. H. (1999), 171 DLR (4th) 577 (SCC), the Supreme Court of Canada determined that any legislation which provided access to court-enforced spousal support rights to opposite-sex unmarried couples, while denying that access to equivalent same-sex couples, was unconstitutional (in that it violated s 15(1) of the Charter and was not saved by s 1) This paper surveys Alberta legislation current to the time of publication, and determines there are several points on inconsistency between […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.21.pdf

January 3, 2002

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 […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE fr083.pdf

May 29, 2000

Reform of the Intestate Succession Act, Final Report 78


The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving […]

AREA OF LAW Wills and Succession Family Law Marriage & Divorce
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FORMAT Publications
FILE fr078.pdf

June 29, 1999

Family Law v. 18.4–Child Guardianship, Custody and Access, Report for Discussion 18.4


As addressed in the other reports in this series, Alberta law relating to the care of children (at the time of this report’s publication) included a variety of statutory provisions that were out-dated, inconsistent, and/or had uncertain scope. For this reason, this report begins from a “clean slate” in trying to define (i) child guardianship, (ii) custody, and (iii) access, and to determine how these issues can be decided in order to protect the best […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.4.pdf

October 2, 1998