Publications
2018-2019 Annual Report
| TAGS | annual, report |
| FORMAT | Publications |
| FILE | 18_19_AnnualReport.pdf |
July 1, 2019
Uniform International Commercial Arbitration, Final Report 114
In this Report, ALRI recommends that Alberta adopt the Uniform International Commercial Arbitration Act (2014). ALRI’s recommendations are intended to bring Alberta’s international commercial arbitration law up-to-date with current international standards. Why is Change Needed? Alberta’s current International Commercial Arbitration Act is based on uniform legislation developed in 1986. The Alberta Act has fallen behind the advances that are being made internationally and in other provinces. By updating its legislation, Alberta will catch up to those jurisdictions […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | arbitration, award, business, commercial, corporate, international, model |
| FORMAT | Publications |
| FILE | FR114.pdf |
March 6, 2019
Interprovincial Recognition of Substitute Decision-making Documents: Personal Directives, Final Report 113
In 2016, the Uniform Law Conference of Canada adopted the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act as suitable for implementation across Canada. The Uniform Act seeks to provide harmonized rules for recognizing substitute decision-making documents (like enduring powers of attorney and personal directives) that are prepared outside of the jurisdiction in which they are sought to be used. This final report reviews ALRI’s consultation process and the feedback ALRI received in response to its preliminary […]
| AREA OF LAW | Wills and Succession |
| TAGS | rules, directives, enduring, execution, personal, recognition, substitute |
| FORMAT | Publications |
| FILE | FR113.pdf |
March 1, 2019
Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112
The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | FR112.pdf |
June 4, 2018
Competence and Communication in the Alberta Evidence Act, Final Report 111
On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. Other Canadian jurisdictions have already reformed legislation to address these issues. The Alberta Law Reform Institute […]
| AREA OF LAW | Administration of Justice Courts Procedure |
| TAGS | affirmation, child, communication, competence, evidence, oath, testify, witness |
| FORMAT | Publications |
| FILE | FR111.pdf |
January 1, 2018
Property Division: Living Together Before Marriage, Report 31
It is not uncommon for couples to live together before getting married. In some cases, they will acquire significant property, such as a home, furniture and a vehicle. While the Matrimonial Property Act [MPA] applies a presumption of equal division to property acquired during the marriage, it exempts the property acquired before the marriage. Consequently, the original value of that property is not divided on separation or divorce; only the increase in value of that property, from […]
| AREA OF LAW | Family Law |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | RFD31.pdf |
October 31, 2017
Property Division: Common Law Couples and Adult Interdependent Partners, Report 30
In recent decades, it has become increasingly common for couples to live together without being legally married. Couples who live together in a marriage-like relationship without being legally married are often said to be living in a common-law relationship. In Alberta, there are no legislated rules for property division upon the breakdown of a common-law relationship. The Matrimonial Property Act applies only to married spouses. Property division for common-law partners is based on legal ownership and the […]
| AREA OF LAW | Family Law |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | RFD30.pdf |
September 30, 2017
2016-2017 Annual Report
| TAGS | annual, report |
| FORMAT | Publications |
| FILE | 2016_2017_AnnualReport.pdf |
July 1, 2017
Abolition of Perpetuities Law, Final Report 110
The rule against perpetuities is an ancient and complex set of legal rules designed to prevent people from indefinitely tying up land and assets via successive contingent interests of title so that future generations cannot sell, mortgage or enjoy full use of the property. In 1972, Alberta reformed the worst excesses of the rule against perpetuities in our current Perpetuities Act, seeking a reasonable balance between competing interests. Following public consultation, the Alberta Law Reform […]
| AREA OF LAW | Administration of Justice Corporate and Commercial Property |
| TAGS | asset, contingent, interest, perpetuities, Property, tax, trust, variation |
| FORMAT | Publications |
| FILE | FR_110.pdf |
March 1, 2017