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Family Law Project – The Conclusion, Final Report 93


This report sets out the process by which ALRI has proposed rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr093.pdf

June 29, 2004

Family Law v. 18.3–Child Support, Report for Discussion 18.3


This report was written to address five concerns about child support law at the time of its publication, viz.: the inadequacy of child support awarded; inconsistency of award between similar families; inefficiency in assessment; inequality based on “legitimacy” of birth; and unaddressed complexities based on the inter-relation between spousal support, custody of children, and child support. This report expounds recommendations for a new approach to child support, which is meant to foster equality for all […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.3.pdf

October 2, 1998

Family Law v. 18.2–Spousal Support, Report for Discussion 18.2


At the time of publication, Alberta’s law relating to spousal support after a divorce was unique in Canada, in that it incorporated the “fault doctrine.” This doctrine holds that in order to obtain support, a spouse must prove that he or she is the “innocent party” in the divorce (i.e., not responsible for the marriage breakdown), and that the other spouse is culpable (i.e., responsible for the marriage breakdown). This report suggests the elimination of […]

AREA OF LAW Family Law
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FORMAT Publications
FILE rfd18.2.pdf

Towards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53


This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: – Non-married opposite-sex cohabitants should have an official status, […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE fr053.pdf

June 1, 1989

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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FORMAT Other
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 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
ENACTMENT

Some recommendations carried out by administrative action.

April 2, 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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FORMAT Publications
FILE fr027.pdf
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

Powers of Maintenance and Advancement, Final Report 10


This report addresses the widening of the provisions for maintenance from income and capital and considers provisions for advancement. It examines when a gift carries income; powers of maintenance out of income; and powers of maintenance and advancement out of capital. Frequently, the trust instrument does not confer powers to maintain or advance and in modern times statutory powers have appeared. Sections 32 and 33 of theAlberta Trustee Act, 1970, are examined. Section 32 gives […]

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FORMAT Publications
FILE fr010.pdf
ENACTMENT

The Attorney General Statutes Amendment Act, 1974 (No. 2), SA 1974, c 65, s 9 amending the Trustee Act (now RSA 2000, c T-8, ss 32, 34, 35, 36(3), 37).

June 1, 1972

Joinder of Divorce Proceedings with other Causes of Action, Final Report 7


This report addresses the joinder of divorce proceedings with other causes of action between husband and wife. Section 2(g) of the Divorce Act, 1968, provides that “‘petition’ for divorce means a petition or motion for a decree of divorce, either with or without corollary relief by way of an order under section 10 or 11”. It can be argued that this definition effectively precludes any collateral issues being introduced in the petition for divorce and […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE fr007.pdf
ENACTMENT

Alberta Rules of Court, Rule 563(3), Alta. Reg. 315/71.

August 2, 1971