Publications

  • Filter by:

Statute of Frauds and Related Legislation, Final Report 44


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 […]

AREA OF LAW Corporate and Commercial Property
TAGS , , , , , , , ,
FORMAT Publications
FILE fr044.pdf

June 1, 1985

Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2


The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to […]

AREA OF LAW Family Law Marriage & Divorce
TAGS , , , , , , , ,
FORMAT Publications
FILE rfd2.pdf

May 2, 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
TAGS , , , , , ,
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
TAGS , , , , , , ,
FORMAT Publications
FILE fr043.pdf

October 1, 1984

Debt Collection Practices, Final Report 42


This report sets out a rules of conduct which will provide a firm and ascertainable legal basis for the conduct of private debt collection agencies and the debt collectors, and rules of conduct which should apply to everyone including collection agencies but also including creditors who collect their own debts. Proposed standards of conduct include prohibitions and obligations stated in simple and intelligible language so it will provide and efficient method of enforcement of the […]

AREA OF LAW Corporate and Commercial Procedure Property
TAGS , , , , , ,
FORMAT Publications
FILE fr042.pdf
ENACTMENT

See generally, Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15).

June 1, 1984

Compensation for Security Interests in Expropriated Land, Final Report 41


This report considers different approaches to compensation for expropriated land which is subject to one or more security interests, especially mortgages. Current to the publication of the report (May 1984), compensation in these cases was regulated by s 49 of the Expropriation Act, RSA 1980, c E-16. This compensation was based on the “market value” theory, under which the security holder was paid market value of the security interest attached to the land, and the […]

AREA OF LAW Personal Property Property
TAGS , , , , , ,
FORMAT Publications
FILE fr041.pdf

May 1, 1984

Judicial Review of Administrative Action: Application for Judicial Review, Final Report 40


This report address the problem of a person who wants judicial review of an administrative decision, action or refusal. There is a variety of procedures to choose from, but if the wrong choice is made there is the possibility of delay, incurred cost, and loss of remedy. This report recommends substituting the several existing procedures with one simple procedure in which the claimant can obtain any and all of the judicial review remedies to which […]

TAGS , , , , ,
FORMAT Publications
FILE fr040.pdf
ENACTMENT

Court of Queen’s Bench Amendment Act, 1987, SA 1987, c 17 (now Court of Queen’s Bench Act, RSA 2000, c C-31).

March 2, 1984

Defences to Provincial Charges, Final Report 39


This report deals with charges of “provincial offences” which are offences under “enactments” (e.g. Alberta statutes, orders-in-council, regulations and municipal by-laws). True criminal offences are covered by the Criminal Code of Canada and some other federal legislation. A draft of proposed amendments to the Summary Convictions Act is attached. This report recommends that the three categories of regulatory offences (mens rea, absolute liability, and strict liability) be retained and that tests for them are established […]

TAGS , , , , , , , ,
FORMAT Publications
FILE fr039.pdf

March 1, 1984

Protection of Trade Secrets, Report for Discussion 1


There is presently no single body of law governing the circumstances under which trade secrets are legally protectable. The Criminal Code does not recognize theft of a trade secret as an offence. A person must therefore rely upon the law of contract or, in a case where there is no contract, equity. There are major problems with the current causes of action as far as they apply to protection of trade secrets. This report recommends […]

AREA OF LAW Corporate and Commercial
TAGS , , , ,
FORMAT Publications
FILE rfd1.pdf

February 2, 1984

Page 20 of 39