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Estate Administration, Report for Discussion 22


Estate administration is the job of gathering the assets of the person deceased, paying the debts and distributing the estate to the persons entitled by will or the intestate succession legislation. Often the personal representative [PR] will be a family member who may have no previous experience of such a job and will also be dealing with the death of a family member at the same time. Surveys have found that the job of a […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE rfd022.pdf

October 2, 2011

Joint Ventures, Consultation Memorandum 14


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 cm014.pdf

May 4, 2011

Rules: Criminal Appeal Procedures: Court of Queen’s Bench and Court of Appeal of Alberta


The objective of Consultation Memorandum 12.22 is to facilitate development of a criminal appeal system that is clear, simple, accessible, effective and timely. To this end, a single process, with adaptations as necessary, is proposed for conducting criminal appeals before both the Court of Queen’s Bench and the Court of Appeal. Issues and proposals related to each part of the core process and procedures for obtaining court assistance are described.

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01222.pdf

December 4, 2010

Rules: Criminal Appeal Procedures: Court of Queen’s Bench and Court of Appeal of Alberta


The objective of Consultation Memorandum 12.22 is to facilitate development of a criminal appeal system that is clear, simple, accessible, effective and timely. To this end, a single process, with adaptations as necessary, is proposed for conducting criminal appeals before both the Court of Queen’s Bench and the Court of Appeal. Issues and proposals related to each part of the core process and procedures for obtaining court assistance are described.

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FORMAT Publications
FILE cm01222.pdf

December 1, 2010

The Matrimonial Property Act: A Case Law Review


The Alberta Law Reform Institute proposed the legislation that became the Matrimonial Property Act (MPA) more than 30 years ago and there has been no substantive amendment to the MPA since then. ALRI has received suggestions that the legislation is in need of revision but there was little consensus as to which areas were in need of review. In order to advance the research, ALRI financed the work of Annie Voss-Altman, a student at the […]

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FORMAT Publications
FILE RP-MPA-Case-Law.pdf

October 8, 2010

Wills and the Legal Effects of Changed Circumstances, Final Report 98


In its Final Report on Wills, the Alberta Law Reform Institute (ALRI) makes a number of recommendations for reform of the Wills Act. The main recommendations are in the following areas: “ Changes that Alter or Revoke a Will “ Revocation by Law “ Reviving a Revoked Will “ Admission of Extrinsic Evidence “ Rectification “ Failed Gifts “ Beneficiary Issues “ Ademption by Conversion “ Legal Discrimination Against Children Born Outside Marriage

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr098.pdf

August 29, 2010

Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97


Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed […]

AREA OF LAW Corporate and Commercial Property Real Property
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FORMAT Publications
FILE fr97.pdf

October 29, 2009

The Creation of Wills, Final Report 96


Categories Menu By Area of Law Administration of Justice Constitutional and Public Law Contract Corporate and Commercial Criminal Law Debtor and Creditor Employment and Industrial Law Equity and Trusts Family Law General Legal Profession Medical Law Partnerships and Associations Personal Representatives Procedure Property Tort Wills and Succession Publication Type The Creation of Wills This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr096.pdf

September 29, 2009

The Creation of Wills, Report for Discussion 20


This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate a will or an alteration, revocation or revival of a will even if it does not comply with the formalities prescribed by the Wills Act. It also recommends that the age of testamentary capacity remain the same as the age of majority (18 years) so that a minor cannot make a valid will. People […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE rfd020.pdf

September 2, 2009

Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21


This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE rfd021.pdf

March 2, 2009