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Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

AREA OF LAW Corporate and Commercial Personal Property Property
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FORMAT Publications
FILE cm11.pdf

June 4, 2002

Creditor Access to Future Income Plans


This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]

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FORMAT Publications
FILE cm011.pdf

June 1, 2002

Should a Claim for the Loss of a Chance of Future Earnings Survive Death? Final Report 76


Section 2 of the Survival of Actions Act (SAA) provides that a “cause of action vested in a person survives for the benefit of his estate.” Section 5 of the SAA specifies that “only those damages that resulted in actual financial loss to the deceased or his estate are recoverable.” In Duncan Estate v Baddeley, the Alberta Court of Appeal ruled that the loss of a chance of future earnings was an actual financial loss. This report recommends the SAA be amended […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr076.pdf

December 29, 1999

Should a Claim for Punitive Damages Survive Death?


The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]

AREA OF LAW Administration of Justice Administrative Law Constitutional and Public Law Corporate and Commercial Court Rules & Procedure Courts Limitation of Actions Procedure
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FORMAT Publications
FILE cm5.pdf

December 4, 1998

Should a Claim for Punitive Damages Survive Death?


The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act […]

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FORMAT Publications
FILE cm005.pdf

December 1, 1998

Should a Claim for Loss of a Chance of Future Earnings Survive Death?


This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]

AREA OF LAW Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure
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FORMAT Publications
FILE cm4.pdf

August 4, 1997

Should a Claim for Loss of a Chance of Future Earnings Survive Death?


This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]

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FORMAT Publications
FILE cm004.pdf

August 1, 1997

Survival of Actions and Fatal Accidents Act Amendment, Final Report 24


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 […]

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FORMAT Publications
FILE fr024.pdf
ENACTMENT

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