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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

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

Limitations Act – Standardizing Limitation Periods for Actions on Insurance Contracts, Final Report 90


Presently limitation periods for bringing actions against insurers for failing to honour insurance policies depends on the type of insurance. The Insurance Act contains statutory provisions that specifically set out limitation periods for certain types of insurance and requires other specific types of insurance policies to contain “Statutory Conditions” that prescribe their own limitation periods. Inconsistent limitation periods have caused confusion for both insured and for lawyers, and have resulted in a considerable amount of litigation over […]

AREA OF LAW Corporate and Commercial Limitation of Actions Procedure
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FORMAT Publications
FILE fr090.pdf

August 29, 2003

Enduring Powers of Attorney, Issues Paper 5


The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE IPNo.5.pdf

February 4, 2002

Standardizing Limitation Periods for Actions on Insurance Contracts


When the new Limitations Act came into force on March 1, 1999, a number of changes were made to the limitation law in Alberta. The limitation periods for actions on insurance contracts is in a state of confusion, several of the limitation periods that the Insurance Act prescribes are inconsistent with the general limitation periods in the Limitations Act. The scope of this project addresses issues which relate to rationalizing limitation periods for actions against insurers. The issues addressed and […]

AREA OF LAW Administration of Justice Corporate and Commercial Courts Limitation of Actions Procedure
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FORMAT Publications
FILE cm10.pdf

December 4, 2001

Enduring Powers of Attorney, Report for Discussion 7


This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE rfd7.pdf

December 2, 1990

Enduring Powers of Attorney, Final Report 59


This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr059.pdf

November 1, 1985

Statute of Frauds and Related Legislation, Research Paper 12


This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]

AREA OF LAW Administration of Justice Corporate and Commercial Procedure Property Real Property
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FORMAT Publications
FILE RPNo.12.pdf

June 4, 1985

Statute of Frauds and Related Legislation, Final Report 44


This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts […]

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FORMAT Publications
FILE fr044.pdf

June 1, 1985

The Uniform Sale of Goods Act, Final Report 38


This report evaluates the Uniform Sale of Goods Act and considers whether it should be recommended to the Government of Alberta for legislative adoption. It covers the evolution of the Ontario Report, its referral to the Uniform Law Conference, and addresses whether there exists a need to amend or repeal the Sale of Goods Act in Alberta. The report recommends that Alberta adopt the Uniform Sale of Goods Act since on the whole it would […]

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FILE fr038.pdf

October 1, 1982