The Fatal Accidents Act (at the time of this report’s publication) governed the right of surviving family members to recover non-pecuniary damages such as the loss of guidance, companionship, and care of a family member from someone who wrongfully causes their relative’s death. Section 8 of the Act provided that in the event of the loss of a family member, the following awards will be paid: $3000 to be split by the deceased’s parents; $3000 for the […]
|AREA OF LAW||Constitutional and Public Law Procedure|
|TAGS||guidance, non-pecuniary, compensation, damages, death, loss, recognition, wrongful|
June 2, 1996
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 […]
|AREA OF LAW||Limitation of Actions Procedure|
|TAGS||acquiescence, action, adverse possessio, claim, Limitation, Possession, remedial|
Limitations Act, SA 1996, c L-15.1 (now RSA 2000, c L-12).
December 1, 1989
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]
|AREA OF LAW||Administration of Justice Corporate and Commercial Procedure Property Real Property|
|TAGS||contract, evidence, goods, guarantee, Land, Property, real, sale, Statute of Frauds|
June 4, 1985
Some statutes or statutory instruments provide for the service of a document by mail. This report addresses the issue of whether or not this purported service by mail is effective in the event of a mail strike. This report recommends that a provincial statute be enacted that will invalidate service by mail when the mail service is not in operation. In such a case the statute should allow a person to effect service personally or […]
|AREA OF LAW||Procedure|
|TAGS||acceptance, contract, document, mail, notice, offer, postal, Service, strike|
The Service of Documents During Postal Interruptions Act, SA 1980, c 88 (now Judicature Act, RSA 2000, c J-2, ss 43-47).
June 1, 1979
Important parts of the Alberta Rules of Court may be more than the Rules of practice and procedure which the lieutenant-governor-in-council is not empowered to make. The Rules relating to garnishees and service ex juris are in some jeopardy. So are some Rules relating to costs, Rules relating to the jurisdiction of the court, and Rules relating to rights of appeal, and Rules imposing time limitations on substantive rights. Rules relating to evidence, including those […]
|AREA OF LAW||Procedure|
|TAGS||Appeal, Court, Evide, Limitation, Practice, Rule, Service, Substantive, Validity|
The Attorney General Statutes Amendment Act, 1976 (No. 2), SA 1976, c 58, s 6(4) amending the Judicature Act (now RSA 2000, c J-2, s 63).
December 1, 1974