In Alberta, professionals conduct their trades through professional corporations, which do not entitle these professionals to the same types of limited liability protection enjoyed by shareholders in traditional business corporations. The issue this report considers is whether certain professions, which are currently required to practice in unlimited liability firms (such as accounting, legal, and health care), should be allowed to practice through limited liability firms. This report recommends that these professions, and all others, be […]
|AREA OF LAW||Corporate and Commercial|
|TAGS||limited, professional, malpractice, liability, negligence, personal, Practice|
April 29, 1999
At the time of this paper’s publication, certain types of professionals (namely, accountants, lawyers, and certain health care professionals) were required to work in a setting of “unlimited liability,” meaning that the individual professionals could be held liable for debts and other liabilities incurred by the company for which they worked. This paper addresses the issue of that unlimited liability, and suggests that there was a “liability crisis” at the time, and therefore an urgent […]
|TAGS||limited, professional, malpractice, liability, negligence, personal, tort|
March 4, 1998
This paper addresses the question of the standard of care required from the directors of corporations. At the time of publication, there were different commonlaw rules about Corporate Directors’ Liability in different jurisdictions: that in Alberta being that “a director is not expected to exhibit ‘a greater degree of skill than may [reasonably] be expected from a person of his [sic] knowledge and experience’”; that in Delaware being much higher, that in Indiana being lower; […]
|AREA OF LAW||Corporate and Commercial|
|TAGS||business judgement, breach, corporation, director, duty of care, fiduciary, liability|
February 3, 1989
This report deals with charges of “provincial offences” which are offences under “enactments” (e.g. Alberta statutes, orders-in-council, regulations and municipal by-laws). True criminal offences are covered by the Criminal Code of Canada and some other federal legislation. A draft of proposed amendments to the Summary Convictions Act is attached. This report recommends that the three categories of regulatory offences (mens rea, absolute liability, and strict liability) be retained and that tests for them are established […]
|TAGS||abs, charge, criminal, defence, liability, mens rea, offence, provincial, strict|
March 1, 1984
This report addresses the issue of whether inter-spousal tort immunity should be abolished. It addresses the present state of the law in Alberta, other common law provinces of Canada, and other Commonwealth countries. It assesses arguments for retaining interspousal tort immunity, and looks particularly at the reasons for domestic harmony, collusion, indirect benefit from own wrongful conduct, and subrogation. This report concludes that there is no merit in placing any restriction upon the type of […]
|TAGS||damages, immunity, inter-spousal, interspousal, liability, negligence, tort|
Gratuitous Passengers and Interspousal Tort Immunity Statutes Amendment Act, SA 1990, c 22, s 2 amending the Married Women’s Act (now RSA 2000, c M-6, s 2(3)) and s 3 amending the Contributory Negligence Act (now RSA 2000, c C-27).
April 3, 1979
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
In early 1970 the ALRI was asked by the Attorney General of Alberta to study the Guarantees Acknowledgment Act, 1969, and to argue for its removal or preservation. The ALRI then examined various facets of the law related to this statute, sought and received the opinions of several practitioners, and subsequently provided several recommendations. The Guarantees Acknowledgment Act, 1969, should be retained, subject to certain amendments. First, guarantees given on the sale of any interest […]
|TAGS||debtor, defaul, fraud, guarantee, guarantor, liability, notary public, principal|
Principal recommendation for retention of Guarantees Acknowledgment Act (now RSA 2000, c G-11) accepted. Recommendations for incidental amendments not acted upon.
October 1, 1970
On April 15th, 1969, the following motion was proposed in the Legislative Assembly of the Province of Alberta: “Whereas great changes are taking place in the lives of young people. Now therefore this Legislative Assembly request the government to give consideration to-enacting a Youth Act which will set the age of 19 as the age of majority and set out the basis for the contractual liability of young adults.” Although the motion was defeated, the […]
|TAGS||age of majority, capacity, consent, contract, infant, liability, marriage, minor|
Age of Majority Act, SA 1971, c 1 (now RSA 2000, c A-6).
January 1, 1970
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