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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

Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

AREA OF LAW Corporate and Commercial Personal Property Property
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FORMAT Publications
FILE cm11.pdf

June 4, 2002

Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

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FORMAT Publications
FILE cm011.pdf

June 1, 2002

Division of Matrimonial Property on Death, Final Report 83


This report addresses the underlying conflict between the principles of matrimonial property law and succession law that causes unfair results for a surviving spouse who under the existing law does not have a cause of action under the Matrimonial Property Act. The surviving spouse of a marriage terminated by death should not have fewer remedies than the spouse in a marriage terminated by divorce. The contribution of a spouse to a marriage should be recognized either […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE fr083.pdf

May 29, 2000

Should a Claim for the Loss of a Chance of Future Earnings Survive Death? Final Report 76


Section 2 of the Survival of Actions Act (SAA) provides that a “cause of action vested in a person survives for the benefit of his estate.” Section 5 of the SAA specifies that “only those damages that resulted in actual financial loss to the deceased or his estate are recoverable.” In Duncan Estate v Baddeley, the Alberta Court of Appeal ruled that the loss of a chance of future earnings was an actual financial loss. This report recommends the SAA be amended […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr076.pdf

December 29, 1999

Should a Claim for Punitive Damages Survive Death?


The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]

AREA OF LAW Administration of Justice Administrative Law Constitutional and Public Law Corporate and Commercial Court Rules & Procedure Courts Limitation of Actions Procedure
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FORMAT Publications
FILE cm5.pdf

December 4, 1998

Should a Claim for Punitive Damages Survive Death?


The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act […]

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FORMAT Publications
FILE cm005.pdf

December 1, 1998

Division of Matrimonial Property on Death, Report for Discussion 17


At the time of publication, there was a contradiction in the law of Alberta regarding marital property. If a marriage dissolved, each spouse would be presumed to have contributed equally to the marriage (barring evidence to the contrary), and therefore to be entitled to an even share of the marital property, regardless of the name on title. On the other hand, if one spouse died before the other, he or she would have complete freedom […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd17.pdf

March 2, 1998

Should a Claim for Loss of a Chance of Future Earnings Survive Death?


This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]

AREA OF LAW Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure
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FORMAT Publications
FILE cm4.pdf

August 4, 1997

Should a Claim for Loss of a Chance of Future Earnings Survive Death?


This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]

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FORMAT Publications
FILE cm004.pdf

August 1, 1997