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Beneficiary Designations: RRSPs, RRIFs and Section 47 of the Trustee Act, Final Report 68


This report examines the issue whether section 47 of the Trustee Act ought to apply to RRSPs and RRIFs. It describes the scope and history of this project, looks at the existing law, and concludes that section 47 probably applies to RRSPs, even though its definition of “plan” does not mention them by name. The report also explores the fact that RRIFs as a type of “plan” within the meaning of section 47 is more doubtful. Arguments […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE fr068.pdf

September 29, 1993

The Domestic Relations Act (DRA) – Phase 1. Family Relationships: Obsolete Actions, Final Report 65


With the changes in attitude toward marriage and family that have occurred over past decades many provisions of the Domestic Relations Act have become outmoded. This report recommends the abolition of six obsolete matrimonial actions: restitution of conjugal rights, judicial separation, damages in tort for adultery, enticement or harbouring a spouse; damages in tort for harbouring of a child, damages in contract for breach of a promise of marriage, and jactitation of marriage. This report also recommends […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE fr065.pdf

March 29, 1993

Status of Children: Revised Report, Final Report 60


This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]

AREA OF LAW Wills and Succession Children Family Law
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FORMAT Publications
FILE fr060.pdf

May 29, 1991

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, […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE fr058.pdf

November 1, 1990

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 […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE fr057.pdf
ENACTMENT

Miscellaneous Statutes Amendment Act, 1991, SA 1991, c 21, s 24 amending the Matrimonial Property Act (now RSA 2000, c M-8, s 16).

March 1, 1990

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, […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE fr053.pdf

June 1, 1989

Towards Reform of the Law Relating to Cohabitation Outside Marriage, Issues Paper 2


Although at the time of the publication of this report, many aspects of legal marriages were regulated by both statute and the common law, cohabitation between unmarried couples was not. This paper addresses the issue of the law as related to heterosexual cohabiting couples (homosexual couples and purely economic relationships were not addressed) by reviewing the (then-current) law in Alberta, as well as raising several legal issues that needed to be considered regarding cohabiting couples. […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE IPNo.2.pdf

October 4, 1987

Status of Children: Revised Report, Final Report 45


This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE fr045.pdf
ENACTMENT

Substantially enacted, pursuant to the recommendations in Report 60 by the Family and Domestic Relations Statutes Amendment Act, 1991, SA 1991, c 11 amending the Domestic Relations Act (now RSA 2000, c D-14, ss 50(1), 77-84); the Family Relief Act (now RSA 2000, c F-4, s 1(b)); and the Intestate Succession Act (now RSA 2000, c I-10, s 1(b)).

November 1, 1985

Survey of Adult Living Arrangements: A Technical Report, Research Paper 15


This paper is a survey of issues related to couples living together outside of marriage. It addresses the attitudes of non-maritally cohabitants toward relevant legal issues, the reasons that the couples chose to nonmaritally cohabitate, and the reasons that they chose to continue living that way. The survey also addresses the socio-economic characteristics of non-married and married cohabitants, as well as the characteristics of their family life.

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.15.pdf

November 3, 1984

Protection of Children’s Interests in Custody Disputes, Final Report 43


The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child’s family and to form opinions as to where the child’s best interests lie. A majority of cases utilizing an amicus curiae […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE fr043.pdf

October 1, 1984