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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

Court-Connected Family Mediation Programs , Research Paper 20in Canada

This paper addresses the use of (non-litigated) mediation as an adjunct to litigation within the court system. The paper surveys: the mediation process (as it was at the time of publication), with a discussion of its advantages and disadvantages compared to litigation; the different mediation programs available (at the time of publication); descriptions of child-protection mediation programs released immediately prior to publication in British Columbia and Nova Scotia; and the empirical effectiveness of mediation programs […]

AREA OF LAW Administration of Justice Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.20.pdf

May 3, 1994

Non-Pecuniary Damages in Wrongful Death Actions, Final Report 66

This report recommends four significant changes in respect to recovery of damages for non-pecuniary loss in wrongful death action of the 1979 enacted section 8 of Fatal Accidents Act. First, the new term “damages for grief and loss of the guidance, care and companionship of the deceased” is used to describe more accurately what is being compensated. Second, the levels of damages (the existing level of damages has been rejected as totally inadequate) are raised to […]

AREA OF LAW Constitutional and Public Law
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FORMAT Publications
FILE fr066.pdf

May 29, 1993

The Domestic Relations Act (DRA) – Phase 1. Family Relationships: Obsolete Actions, Final Report 65

With the changes in attitude toward marriage and family that have occurred over past decades many provisions of the Domestic Relations Act have become outmoded. This report recommends the abolition of six obsolete matrimonial actions: restitution of conjugal rights, judicial separation, damages in tort for adultery, enticement or harbouring a spouse; damages in tort for harbouring of a child, damages in contract for breach of a promise of marriage, and jactitation of marriage. This report also recommends […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE fr065.pdf

March 29, 1993

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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FORMAT Publications
FILE RPNo.13.pdf

March 3, 1981

Family Relief, Final Report 29

This report was undertaken as part of ALRI’s studies on the reform of family law. The Family Relief Act provides for an award from an estate for the maintenance of the surviving spouse and a limited class of children. The maintenance must come from the net estate after payment of claims against the deceased. An eligible dependant may apply to the court within six months of the grant of probate or administration. There is provision […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr029.pdf

June 1, 1978

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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FORMAT Publications
FILE RPNo.11.pdf

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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FORMAT Publications
FILE fr026.pdf

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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FORMAT Publications
FILE fr025.pdf

April 1, 1978