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Matrimonial Property Act: Valuation Date, Report for Discussion 25


The Matrimonial Property Act was enacted in 1978 and provides a method of sharing matrimonial property between spouses on marriage breakdown. What property is available for sharing and how is it valued? Since 2005, the law applied by the courts is that the property must be valued at trial. In reviewing Alberta cases since 2009, this date is problematic. It is an uncertain future date, assumes spouses will litigate to trial, and discourages earlier party driven settlements. […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RFD25_hyperlinks.pdf

November 2, 2014

Oaths and Affirmations, Final Report 105


A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to […]

AREA OF LAW Administration of Justice Courts
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FORMAT Publications
FILE FR105.pdf

September 1, 2014

Beneficiary Designation by Substitute Decision Makers, Final Report 104


The Alberta Law Reform Institute has released recommendations to ensure testamentary wishes are respected upon death. It has become common to use beneficiary designations as a simple way to pass on assets. Beneficiary designations are made with: Pension plans Insurance policies Retirement savings plans Retirement income funds Locked in retirement accounts Tax free savings accounts However, more of the population is aging and losing the capacity to decide who will receive the proceeds of these […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE FR104.pdf

July 1, 2014

Arbitration Act: Stay and Appeal Issues, Final Report 103


The Alberta Law Reform Institute has published Final Report 103 – Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 – Arbitration Act: Stay and Appeal Issues.

AREA OF LAW Administration of Justice Alternate Dispute Resolution
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FORMAT Publications
FILE FR103.pdf

January 1, 2014

Estate Administration, Final Report 102


The Alberta Law Reform Institute makes a number of recommendations for reform of the Administration of Estates Act. The objective of these reforms is to create clear, rational and accessible legislation that will provide guidance to estate representatives who are responsible for administering an estate. Final Report 102 – Estate Administration clarifies the roles of the estate representative, beneficiaries and the court. It will also outline the primary responsibilities of the estate representative and will emphasize the […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE FR102.pdf

October 1, 2013

Arbitration Act: Stay and Appeal Issues, Report for Discussion 24


Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so […]

AREA OF LAW Administration of Justice Constitutional and Public Law Corporate and Commercial
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FORMAT Publications
FILE RFD24_hyperlinks.pdf

August 2, 2012

Criminal Trial Proceedings, Final Report 100


The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE FR100.pdf

August 1, 2012

Criminal Appeal Procedures, Final Report 101


The criminal appeal process is complex and not well understood. It derives from a number of sources, which are not always consistent and not always clear. Personal freedom and liberty are crucial. The stakes are high for anyone convicted of an offense. Prompt access to an appeal system that is clear and comprehensive is critical. The challenge accepted by the Alberta Law Reform Institute, and taken up by its working group of judges, prosecutors, defense […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts
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FORMAT Publications
FILE FR101.pdf

Joint Ventures, Final Report 99


Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. This report recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a partnership; and use […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE FR-99_hyperlinks.pdf

July 1, 2012

Succession and Posthumously Conceived Children, Report for Discussion 23


This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and […]

AREA OF LAW Wills and Succession Children Family Law
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FORMAT Publications
FILE RFD23_web.pdf

February 2, 2012