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Enduring Powers of Attorney: Safeguards Against Abuse, Final Report 88

The Powers of Attorney Act allows a donor of a power of attorney to provide either that the power of attorney will come into effect on the donor’s mental incapacity or infirmity or that the power of attorney will continue in force despite the donors supervening mental incapacity or infirmity. It classifies both springing and continuing powers of attorney as “enduring” powers of attorney (EPA). The great majority of attorneys exercise their control for the donor’s benefit, […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr088.pdf

February 1, 2003

Occupiers’ Liability: Recreational Use of Land, Final Report 81

The Minister of Justice requested this report regarding the liability of occupiers of land to recreational users permitted on their premises without payment of a fee. This is not a typical ALRI report, as a recommendation as to whether this aspect of occupiers’ liability law should be reformed is not given due to a lack of adequate information about the potential problem to be solved and resources to compile that information. The report suggests matters […]

AREA OF LAW Property Real Property
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FORMAT Publications
FILE fr81.pdf

February 29, 2000

Public Inquiries, Issues Paper 3

The Public Inquiries Act, RSA 1980, c P-29, invested the Lieutenant Governor in Council with the power to create public inquiries, when he or she deemed it expedient so to do, on any matter within the jurisdiction of the Province which was connected with its good government or public business. Aside from its function in regulating public inquiries (and their especially the commissioners), the Act is often used as a reference to describe the powers given […]

AREA OF LAW Administration of Justice Constitutional and Public Law Courts
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FORMAT Publications
FILE IPNo.3.pdf

November 4, 1991

Judicature Act, Section 24, Final Report 13

This report examines section 24 of the Judicature Act, RSA 1970, c 193 and makes recommendations with regard to it. The section provides that certain actions shall not be brought or maintained unless permission has first been given by the lieutenant-governor-in-council. The history of section 24 is examined, including its legal effects, and practice relating to this section. The special protection which section 24(1) gives to Ministers of the Crown is not justified, and unless […]

AREA OF LAW Constitutional and Public Law
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FORMAT Publications
FILE fr013.pdf

The Attorney General Statutes Amendment Act, 1974 (No. 2), SA 1974, c 65, s 9 striking out s 24 of the Judicature Act, RSA 1970, c 193.

August 1, 1974