Publications
A New Trustee Act for Alberta, Report 28
In 2012, the Uniform Law Conference of Canada published the Uniform Trustee Act and recommended it be adopted by the common law provinces. ALRI representatives participated in the creation of the Uniform Trustee Act. ALRI’s Report For Discussion #28, A New Trustee Act for Alberta, consists of recommendations for implementing the Uniform Trustee Act in Alberta. Using the Uniform Trustee Act as a starting point, ALRI has enhanced, tailored and clarified the Uniform Trustee Act to […]
AREA OF LAW | Wills and Succession Family Law |
TAGS | new trustee act, trust, trustee, trustee act, Uniform Trustee Act |
FORMAT | Publications |
FILE | rfd028.pdf |
November 1, 2015
Matrimonial Property Act: Valuation Date, Final Report 107
Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to […]
AREA OF LAW | Family Law |
TAGS | divorce, matrimonial, Property, separation, settlement, spouse, valuation |
FORMAT | Publications |
FILE | FR107.pdf |
September 1, 2015
Competence and Communication in the Alberta Evidence Act, Report 27
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 about competence has not kept pace with modern knowledge 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. This Report for Discussion contains preliminary recommendations for updating Alberta […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Courts Procedure |
TAGS | children, cognitive impairment, communication, competence, evidence, witness |
FORMAT | Publications |
FILE | rfd027.pdf |
August 1, 2015
2014-2015 Annual Report
TAGS | annual, report |
FORMAT | Publications |
FILE | 20142015annualreport.pdf |
July 1, 2015
Non-Profit Corporations Discussion Paper
AREA OF LAW | Corporate and Commercial |
TAGS | charity, corporation, non, nonprofit, organisation, profit, registered |
FORMAT | Publications |
FILE | Non_Profits_Discussion_Paper.pdf |
April 8, 2015
Assisted Reproduction After Death: Parentage and Implications, Final Report 106
The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean […]
AREA OF LAW | Wills and Succession |
TAGS | parentage, inheritance, assisted, posthumous, reproduction, succession |
FORMAT | Publications |
FILE | FR106.pdf |
March 1, 2015
Non-Profit Corporations, Report 26
Non-profit organisations are an integral part of our society, an increasing component of our economy, delivering a wide array of services including education, training, housing, food banks, health care and recreation. The current legislation is old and has not kept pace with the non-profit sector and the legislation should be updated to allow non-profits to accomplish their objectives; to clearly articulate the roles and responsibilities of directors and members, and to balance the requirements and […]
AREA OF LAW | Corporate and Commercial |
TAGS | charity, corporation, non, nonprofit, organisation, profit, registered |
FORMAT | Publications |
FILE | rfd026.pdf |
February 3, 2015
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 |
TAGS | divorce, matrimonial, Property, separation, settlement, spouse, valuation |
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 |
TAGS | religious, secular, truth, lie, trial, swear, affirmation, Court, evidence, oath, witness |
FORMAT | Publications |
FILE | FR105.pdf |
September 1, 2014
2013-2014 Annual Report
TAGS | annual, report |
FORMAT | Publications |
FILE | 201314annualreport.pdf |
July 27, 2014