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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

The Presumption of Crown Immunity, Final Report 71


Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification […]

AREA OF LAW Administration of Justice Constitutional and Public Law
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FORMAT Publications
FILE fr071.pdf

July 29, 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

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


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

Proposals for a Land Recording and Registration Act for Alberta, Final Report 69 Volume 1


Volume 1 of this report recommends that a new Land Recording and Registration Act be enacted to provide a modern and more efficient system of land recording and registration for Alberta. The new Act would replace the Land Titles Act (Alberta). The report contains a draft of the proposed Act. Parts 1 to 8 of the draft Act establish a reformed system of recording and registering interests in land which preserves the beneficial aspects of the existing system of […]

AREA OF LAW Constitutional and Public Law Property Real Property
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FORMAT Publications
FILE fr069-v1.pdf

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

Non-Pecuniary Damages in Wrongful Death Actions, Final Report 66


This report recommends four significant changes in respect to recovery of damages for non-pecuniary loss in wrongful death action of the 1979 enacted section 8 of Fatal Accidents Act. First, the new term “damages for grief and loss of the guidance, care and companionship of the deceased” is used to describe more accurately what is being compensated. Second, the levels of damages (the existing level of damages has been rejected as totally inadequate) are raised to […]

AREA OF LAW Constitutional and Public Law
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FORMAT Publications
FILE fr066.pdf

May 30, 1993

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