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Matrimonial Property: Division of Pension Benefits Upon Marriage Breakdown, Final Report 48


This report recommends amendments to the Matrimonial Property Act to improve the division of the benefits of a pension plan upon marriage breakdown. It covers all pension plans that fall under provincial jurisdiction or that can be reached by Alberta court orders. Recommendations are designed to achieve fairness, minimize the future entanglement of spouses’ financial affairs, encourage settlements, minimize financial and emotional costs, and protect the interests of the employers and other employees in pension plans and […]

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June 1, 1986

Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2


The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to […]

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May 2, 1985

Protection of Children’s Interests in Custody Disputes, Final Report 43


The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child’s family and to form opinions as to where the child’s best interests lie. A majority of cases utilizing an amicus curiae […]

AREA OF LAW Children Family Law
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October 1, 1984

Conference Materials, International Invitational Conference on Matrimonial and Child Support, 27-30 May 1981, Research Paper 14


This report is a summary of a conference held to discuss the results of Research Paper #13, Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved. The report includes four speeches given at that conference, viz.: “Paying of Maintenance in Sweden,” by Anders Agell; “Matrimonial Support Failures: Reasons, Profiles, and Perceptions of Individuals Involved, a Commentary,” by Judith Cassetty; “Maintenance in Britain,” by Colin Gibson; and “The Economics of Divorce: Social and Economic Consequences […]

AREA OF LAW Children Family Law Marriage & Divorce
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FILE RPNo.14.pdf

October 3, 1982

Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved: Volume 1 Summary Report, Volume 2 Technical Reports, Research Paper 13


This report was created in order to aid the reform of the matrimonial and child support system in Alberta. Before its publication, there was little data regarding the reasons for failure in the (then) extant system. The report analyzes data from the Supreme Court (now Court of Queen’s Bench) in Edmonton and Calgary, the Family Courts in Edmonton, Calgary, Lethbridge, and Grande Prairie, door-to-door surveys of those involved with maintenance orders, and a study of […]

AREA OF LAW Family Law Marriage & Divorce
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FILE RPNo.13.pdf

March 3, 1981

Administration of Family Law: The Unified Family Court: Constitutional Opinions, Research Paper 11


This paper comprises opinions by Professor W.R. Lederman, Q.C., and Professor P.N. McDonald, on the constitutional validity (at the time of publication) of a unified family court in Alberta, including both federally appointed and provincially appointed judges (i.e. judges appointed by the Governor General in Council and the Lieutenant Governor in Council). Professor McDonald’s opinion is actually comprised of a number of smaller opinions written in 1976 and 1977, which include responses to some other […]

AREA OF LAW Children Family Law Marriage & Divorce
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May 4, 1978

Family Law Administration: Court Services, Final Report 26


This report recommends that court services outlined in this report, if acceptable, be given effect to without waiting for the establishment of a unified family court so that they can serve the people of Alberta and so that they can be adapted to the structure of a unified family court when that structure is decided upon and the court established. This report is concerned primarily with the social and legal services which have been developed […]

AREA OF LAW Administration of Justice Courts
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ENACTMENT

Some recommendations carried out by administrative action.

April 2, 1978

Family Law Administration: the Unified Family Court, Final Report 25


This report was created to make specific recommendations towards the creation of a family law section of the Trial Division of the Supreme Court of Alberta. This report does not contain draft legislation for a unified family court and deals only with the structure of the court itself. Court services are addressed in Report No. 26, Family Law Administration: Court Services. The report canvasses developments in other provinces, and discusses why there is a need […]

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April 1, 1978

Matrimonial Support, Final Report 27


This report addresses the law of financial support between husband and wife insofar as it falls under the legislative jurisdiction of the province. The report contains a draft of the proposed Act, which would give effect to the institute’s recommendations. The report covers the substantive law that establishes and regulates the support obligation between husband and wife. It reviews the process by which the existence of the obligation is established and quantified in a particular […]

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ENACTMENT

The Domestic Relations Amendment Act, 1977, SA 1977, c 64 (now Maintenance Enforcement Act, RSA 2000, c M-1), establishing a collection service for support orders which is generally consistent with though different in detail from our recommendations, and providing improved collection procedures which are similar to but in several particulars more stringent than our proposals); The Social Development Amendment Act, 1977 (No. 2), SA 1977, c 92 (now Social Development Act, RSA 2000, c S-12, ss .14, 15); The Consumer and Corporate Affairs Statutes Amendment Act, 1978, SA 1978, c 49, s 2 amending the Debtors’ Assistance Act (now RSA 2000, c D-6, ss 3(2), 3(3), 4(e)-(f), (6)). (Our proposals for change in the substantive law have not yet been implemented.)

March 1, 1978

Matrimonial Property, Final Report 18


This is an extensive and large report regarding the feasibility of legislation that, upon dissolution of marriage, would give each spouse the right to an equal share in the assets accumulated during the marriage other than by gift or inheritance from outside sources. Three major proposals for change are judicial discretion, community of property, and deferred sharing. This report analyzes the committee’s majority and minority views on these proposals. Regarding judicial discretion, the law could […]

AREA OF LAW Family Law
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FORMAT Publications
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ENACTMENT

Matrimonial Property Act, SA 1978, c 22 (now RSA 2000, c M-8), enacting a combination of the majority and minority proposals for the distribution of matrimonial property, and an extension of the recommendations on possession of the matrimonial home.

August 1, 1975