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|
|TAGS||member, non-pecuniary, compensation, damages, death, family, injury, wrongful|
May 30, 1993
Neither the common law nor statute law has taken a consistent approach to the guest or gratuitous passenger. This report presents arguments in favour of the guest passenger legislation and arguments in favour of repealing the guest passenger legislation. The report notes that today a large number of guest passengers do not get “something for nothing” and that the probability of reciprocal benefit makes it fair to impose liability on the driver for his or […]
|TAGS||accident, damages, guest passenger, injury, liability, motor vehicle, negligence|
Proclamation 5 July 1979 of previously enacted The Alberta Insurance Amendment Act, 1977, SA 1977, c 76, s 6 (now Insurance Act, RSA 2000, c I-3, s 310) (This is not the principal recommendation of the Report). Gratuitous Passengers and Interspousal Tort Immunity Statutes Amendment Act, SA 1990, c 22, s 1 amending the Highway Traffic Act (now RSA 2000, c H-8).
April 2, 1979
This report of produced after concern arose from the decision in the Crosby v O’Reilly case. A working paper was produced and a committee was appointed for the purpose of considering the specific question of whether the claim for damages for loss of expectation of life should be abolished and the broader question of the adoption of the Uniform Survival of Actions Act. This report examines the existing common law in Alberta, legislative change and […]
|TAGS||accident, compensation, damage, fatal, injury, negligence, survival of action|
Survival of Actions Act, SA 1978, c 35 (now RSA 2000, c S-27; Fatal Accidents Act, RSA 2000, c F-8, ss 5(2)(a), (b), 8; and Limitation of Actions Act, RSA 2000, c L-12, s 53).
April 1, 1977
This paper considers the desirability and design of provincial legislation that pursues the regulation of business names and business name disclosure. Business name regulation is for the purpose of limiting the scope for confusion caused by the use of similar names, and business name disclosure requires that firms that use a business name disclose certain information about themselves to the public. This paper discusses the two objectives of business names legislation and then describes the […]
|AREA OF LAW||Property|
|TAGS||duty of care, injury, invitee, Land, liability, licensee, occupier, trespasser|
Occupiers’ Liability Act, SA 1973, c 79 (now RSA 2000, c O-4).
December 1, 1969
This report debates the merits of adding a provision in Alberta that would provide compensation to persons who suffer injury as the result of the criminal acts of others. Among other things, this report considers the nature, extent and administration of a scheme for Alberta, as well as the cost of such a scheme, and makes several recommendations regarding its practical implementation. The ALRI report proposes that, the Legislature of Alberta should create a system […]
|TAGS||compensation, crime, damages, dependant, injury, loss, offence, victim, violent|
Perpetuities Act, SA 1972, c 131 (now RSA 2000, c P-5).
December 1, 1968