Publications
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 Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment.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
A New Trustee Act for Alberta, Final Report 109
Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 – A New Trustee Act for Alberta. The Report sets out ALRI’s […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | act, asset, estate, law, new trustee act, Property, reform, report, trust, trustee act |
| FORMAT | Publications |
| FILE | FR109.pdf |
January 1, 2017
2015-2016 Annual Report
| TAGS | annual, report |
| FORMAT | Publications |
| FILE | 2015_2016_annualreport.pdf |
July 27, 2016
Reviewable Transactions, Final Report 108
The law of fraudulent preference and conveyances is outdated and still relies on the English Fraudulent Conveyances Act, 1571. The law in this area also lacks a clear policy foundation and needs to be clarified and modernised. In 2012, the Uniform Law Conference of Canada recommended new legislation to update this area of the law. The Alberta Law Reform Institute has reviewed the work of the Uniform Law Conference of Canada and recommends that Alberta adopt […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | credit, creditor, debt, fraudulent, preferences, reviewable, transactions |
| FORMAT | Publications |
| FILE | fr108.pdf |
March 1, 2016