Publications
Corporate Directors’ Liability, Research Paper 17
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 |
| FORMAT | Publications |
| FILE | RPNo.17.pdf |
February 3, 1989
Competence and Human Reproduction, Final Report 52
This report recommends the draft legislation Competence and Human Reproduction Act to create a decision-making process regarding sterilization for those not legally competent to make the decision themselves. The Act replaces the blanket prohibition of Re Eve with legislation that allows for a judgment based on the best interest of the individual and an empathy for her situation. The Institute concluded that no person should be denied access to sterilization because she is not competent […]
| AREA OF LAW | Wills and Succession |
| TAGS | capacity, consent, disease, health care, medical treatment, minor, sex, venereal |
| FORMAT | Publications |
| FILE | fr052.pdf |
February 1, 1989
Proposals for a New Alberta Arbitration Act, Final Report 51
This report considers the Arbitration Act, RSA 1980, c A-43, as it was current to the publication of the report. The report considers two principal difficulties users had with the Act: the fact that it left many practical problems unsolved; and the “unduly broad” scope for discretionary intervention by the courts, which would frustrate the desire of many arbitrating parties to avoid litigation. The report presents a draft Act, patterned on the UNCITRAL Model Law […]
| AREA OF LAW | Administration of Justice |
| TAGS | appointment, arbitration, arbitrator, conduct, protection, tribunal |
| FORMAT | Publications |
| FILE | fr051.pdf |
| ENACTMENT |
Arbitration Act, SA 1991, c A-43.1 (now RSA 2000, c A-43). |
October 1, 1988
Sterilization Decisions: Minors and Mentally Incompetent Adults, Report for Discussion 6
This consultative document sets out the evolution of the present law, its apparent parameters, the social and medical background to sterilization decisions and tentatively recommends a new statutory regime that would better reflect the present day and foreseeable needs of Canadian citizens. This report recommends that the decision regarding sterilization be made by a judge of the Court of Queen’s Bench. Before making the order for sterilization the judge would be required to satisfy himself […]
| AREA OF LAW | Constitutional and Public Law Family Law |
| TAGS | sterilization, mental, incompetent, mental health, non-therapeutic, guardian, minor |
| FORMAT | Publications |
| FILE | rfd6-1.pdf |
March 2, 1988
Prejudgment Remedies for Unsecured Claimants, Final Report 50
This report is first in a series of final reports on the general topic of remedies of unsecured creditors. The report contains detailed recommendations for a legislative solution regarding the inadequacies identified in the available prejudgment remedies for unsecured claimants in Alberta. It details a variety of prejudgment remedies that currently exist and identifies as a problem the absence of any unifying principle in their application. There is discussion of the Mareva injunction, which has […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | attachment, creditor, debtor, garnishment, pre-judgment, prejudgment, remedy |
| FORMAT | Publications |
| FILE | fr050.pdf |
| ENACTMENT |
Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15). |
February 1, 1988
Towards Reform of the Law Relating to Cohabitation Outside Marriage, Issues Paper 2
Although at the time of the publication of this report, many aspects of legal marriages were regulated by both statute and the common law, cohabitation between unmarried couples was not. This paper addresses the issue of the law as related to heterosexual cohabiting couples (homosexual couples and purely economic relationships were not addressed) by reviewing the (then-current) law in Alberta, as well as raising several legal issues that needed to be considered regarding cohabiting couples. […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | nonmarital, de facto, common law spouse, relationship, cohabitation, common law |
| FORMAT | Publications |
| FILE | IPNo.2.pdf |
October 4, 1987
Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Report for Discussion 5
Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: – a shareholder or director of that corporation or an affiliated corporation; – an associate of any or the above; or – a purchaser of shares of that corporation or an affiliated corporation if that corporation was not “solvent” as defined by the ABCA. The […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | solvency, assistance, Business Corporations Act, corporation, disclosure, financial |
| FORMAT | Publications |
| FILE | rfd5.pdf |
August 2, 1987
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