Publications
Towards a New Arbitration Act for Alberta, Issues Paper 1
Arbitration is a process where a tribunal other than a court resolves a dispute between two or more parties. This issue paper discusses the current arbitration law (as of the time of publication), and potential beneficial changes to that law. The report first considers whether arbitration law in Alberta should be based on either the UNCITRAL Model Law or the BC Act, and the effects this could have on the uniformity of law. It then […]
| AREA OF LAW | Administration of Justice Alternate Dispute Resolution |
| TAGS | voluntary, consensual, time, arbitration, arbitrator, commercial, international |
| FORMAT | Publications |
| FILE | IPNo.1.pdf |
July 4, 1987
Proposals for a New Alberta Incorporated Associations Act, Final Report 49
This report makes recommendations for the enactment of a new Incorporated Associations Act, which would repeal both the Companies Act and the Societies Act and apply only to true non-profit associations. The Act would not replace some specialized statutes such as the Cemetery Companies Act, the Co-operative Associations Act, and the Agricultural Societies Act and would not apply to non-profit corporations incorporated by the Legislature under special individual Acts. Many parts of the draft Act […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | association, director, distribution, incorporation, name, Property, society |
| FORMAT | Publications |
| FILE | fr049.pdf |
| ENACTMENT |
Bill 54 (Volunteer Incorporations Act) introduced into Alberta Legislature, June 15, 1987. |
March 1, 1987
Limitations, Report for Discussion 4
This report is to identify and to analyze the policy considerations upon which a limitations system should be based and to derive from that analysis a limitations system which will be as fair and as easily comprehensible as the subject matter permits. This report recommends that Alberta enact a completely new limitations statute, based on recommendations in this report the new Alberta Act will be fairer for all persons and simpler and more comprehensible. A draft Limitations Act is […]
| AREA OF LAW | Administration of Justice Procedure |
| TAGS | time, laches, accrual, acknowledgment, action, agency, evidence, Limitation |
| FORMAT | Publications |
| FILE | rfd4.pdf |
September 2, 1986
Matrimonial Property: Division of Pension Benefits Upon Marriage Breakdown, Final Report 48
This report recommends amendments to the Matrimonial Property Act to improve the division of the benefits of a pension plan upon marriage breakdown. It covers all pension plans that fall under provincial jurisdiction or that can be reached by Alberta court orders. Recommendations are designed to achieve fairness, minimize the future entanglement of spouses’ financial affairs, encourage settlements, minimize financial and emotional costs, and protect the interests of the employers and other employees in pension plans and […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | fr048.pdf |
August 2, 1986
Survivorship, Final Report 47
This report recommends a new rule to cover the case in which property is to go to B on A’s death and there is doubt which of them died first. The Alberta Survivorship Act currently provides that in cases of doubt the older of the two will be deemed to have died first. This report proposes a new rule that B, the beneficiary, would be deemed to have died first unless it can be proved that he […]
| AREA OF LAW | Wills and Succession |
| TAGS | survivorship, donee, disaster, Survivor, common, donor, beneficiary, estate, will |
| FORMAT | Publications |
| FILE | fr047.pdf |
August 1, 1986
Trade Secrets, Final Report 46
The legal protection of trade secrets is a desirable objective for the law to pursue and requires improvement through the implementation of new civil and criminal law measures. This report recommends the creation of two new statutory torts to protect the plaintiff who is without an agreement that is governed by the general law of contract. The first tort is aimed at industrial espionage in relation to trade secrets and would make the acquisition of […]
| AREA OF LAW | Property |
| TAGS | confidence, disclosure, fiduciary, freedom, patent, privacy, tort, trade secret |
| FORMAT | Publications |
| FILE | fr046.pdf |
| ENACTMENT |
Draft statute adopted by Uniform Law Conference of Canada, Victoria, BC, August 1987. |
July 1, 1986
Remedies of Unsecured Creditors, Report for Discussion 3
This report is long and it examines the remedies available under the Alberta law to unsecured creditors for collection of their debts and makes tentative proposals for the reform of those remedies. It provides a description of the present system and criticism of it, and outlines the need for technical reform. The report examines the body of research on the kinds of debtors who are likely to get into legal trouble, as well as the […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | unsecured, assets, income, enforcement, remedies, rules, creditor, debtor, distribution, execution, proceeds |
| FORMAT | Publications |
| FILE | rfd3.pdf |
May 2, 1986
The Operation of the Unsecured Creditors’ Remedies System in Alberta, Research Paper 16
A plaintiff who has obtained a monetary judgement as a result of a court case, but who has not yet received that money, is known as a “judgement creditor.” This report is a survey of: whether judgement creditors made use of enforcement mechanisms to obtain their money; which remedies were used frequently, and which ones infrequently; how the remedies that were used operated, and how far they were carried; and how successful the remedy process […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | unsecured, judgment, money, credit, creditor, debt, debtor, Land, Property |
| FORMAT | Publications |
| FILE | RPNo.16.pdf |
March 3, 1986
Status of Children: Revised Report, Final Report 45
This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]
| AREA OF LAW | Children Family Law |
| TAGS | child, custody, guardianship, illegitimate, paternity, status, support |
| FORMAT | Publications |
| FILE | fr045.pdf |
| ENACTMENT |
Substantially enacted, pursuant to the recommendations in Report 60 by the Family and Domestic Relations Statutes Amendment Act, 1991, SA 1991, c 11 amending the Domestic Relations Act (now RSA 2000, c D-14, ss 50(1), 77-84); the Family Relief Act (now RSA 2000, c F-4, s 1(b)); and the Intestate Succession Act (now RSA 2000, c I-10, s 1(b)). |
November 1, 1985
Statute of Frauds and Related Legislation, Final Report 44
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts […]
| AREA OF LAW | Corporate and Commercial Property |
| TAGS | contract, Evide, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | fr044.pdf |
June 1, 1985