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Division of Pension Benefits Upon Marriage Breakdown


This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE cm1.pdf

September 4, 1995

Division of Pension Benefits Upon Marriage Breakdown


This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE cm001.pdf

September 1, 1995

Domestic Abuse: Toward an Effective Legal Response, Report for Discussion 15


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FORMAT Publications
FILE rfd15.pdf
ENACTMENT

This report begins with the recognition that a multi-disciplinary response is necessary in order to respond properly to the issue of domestic abuse; however, this paper deals with the legal facet of this response. Further, the report specifically addresses civil protection orders. Regarding these orders, this report considers:

  • what kind of conduct will be covered by these orders;
  • what will be the scope of any potential legislation;
  • what sort of relief should be provided by any potential legislation; and
  • who would have jurisdiction to provide this relief?

June 2, 1995

The Matrimonial Home, Report for Discussion 14


This report discusses potential changes to the Dower Act and the Matrimonial Property Act. The Dower Act was created with the intent of supporting widows after the death of their husbands, by providing them with ownership, for the remainder of their lives, of the matrimonial home. This report investigates ways in which that intended support can be continued, given modern complexities. The report also considers situations in which, after a divorce or separation, a spouse can obtain occupation of the […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd14.pdf

March 2, 1995

Effect of Divorce on Wills, Final Report 72


In Alberta, divorce has no effect on a will made during marriage. If a person has made a will that leaves everything to their spouse, the will is not automatically revoked or otherwise affected by a subsequent divorce. If the person who made the will dies without changing their will or remarrying, everything would go to their former spouse in accordance with the pre-divorce will. In many Canadian and foreign jurisdictions the result would be […]

AREA OF LAW Wills and Succession Family Law Marriage & Divorce
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FORMAT Publications
FILE fr072.pdf

November 1, 1994

Mortgage Remedies in Alberta, Final Report 70


This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties […]

AREA OF LAW Property Real Property
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FORMAT Publications
FILE fr070.pdf

June 29, 1994

Mortgage Remedies in Alberta, Report for Discussion 9


This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties […]

AREA OF LAW Property Real Property
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FORMAT Publications
FILE rfd9.pdf

June 2, 1994

Court-Connected Family Mediation Programs , Research Paper 20in Canada


This paper addresses the use of (non-litigated) mediation as an adjunct to litigation within the court system. The paper surveys: the mediation process (as it was at the time of publication), with a discussion of its advantages and disadvantages compared to litigation; the different mediation programs available (at the time of publication); descriptions of child-protection mediation programs released immediately prior to publication in British Columbia and Nova Scotia; and the empirical effectiveness of mediation programs […]

AREA OF LAW Administration of Justice Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.20.pdf

May 3, 1994

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

Transfers of Investment Securities, Final Report 67


This report is long and presents a comprehensive review of the existing law governing transfers and pledges of investment securities in Alberta. It contains a detailed examination of a wide range of issues that relate to current securities trading and holding practices. It proposes that uniform legislation be developed in consultation with other Canadian jurisdictions, but does not include draft legislation. The Alberta Business Corporations Act is the current Alberta law governing transfers of investments securities and […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE fr067.pdf

June 29, 1993