Publications
2015-2016 Annual Report
TAGS | annual, report |
FORMAT | Publications |
FILE | 2015_2016_annualreport.pdf |
July 27, 2016
Perpetuities Law: Abolish or Reform? Report 29
Perpetuities law is a complex set of legal rules designed to prevent people from indefinitely tying up land and assets for an excessive period of time so that future generations cannot deal freely with the property. But has the time come to abolish perpetuities law in Alberta? Do other modern legal rules now exist which could handle the situation better or more simply? Or should perpetuities law be retained but extensively reformed? Have your say […]
AREA OF LAW | Administration of Justice Courts Procedure Property |
TAGS | alberta, law, perpetuities, trustee |
FORMAT | Other |
FILE | rfd029.pdf |
April 1, 2016
Reviewable Transactions, Final Report 108
The law of fraudulent preference and conveyances is outdated and still relies on the English Fraudulent Conveyances Act, 1571. The law in this area also lacks a clear policy foundation and needs to be clarified and modernised. In 2012, the Uniform Law Conference of Canada recommended new legislation to update this area of the law. The Alberta Law Reform Institute has reviewed the work of the Uniform Law Conference of Canada and recommends that Alberta adopt […]
AREA OF LAW | Corporate and Commercial |
TAGS | credit, creditor, debt, fraudulent, preferences, reviewable, transactions |
FORMAT | Publications |
FILE | fr108.pdf |
March 1, 2016
A New Trustee Act for Alberta, Report 28
In 2012, the Uniform Law Conference of Canada published the Uniform Trustee Act and recommended it be adopted by the common law provinces. ALRI representatives participated in the creation of the Uniform Trustee Act. ALRI’s Report For Discussion #28, A New Trustee Act for Alberta, consists of recommendations for implementing the Uniform Trustee Act in Alberta. Using the Uniform Trustee Act as a starting point, ALRI has enhanced, tailored and clarified the Uniform Trustee Act to […]
AREA OF LAW | Wills and Succession Family Law |
TAGS | new trustee act, trust, trustee, trustee act, Uniform Trustee Act |
FORMAT | Publications |
FILE | rfd028.pdf |
November 1, 2015
Matrimonial Property Act: Valuation Date, Final Report 107
Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to […]
AREA OF LAW | Family Law |
TAGS | divorce, matrimonial, Property, separation, settlement, spouse, valuation |
FORMAT | Publications |
FILE | FR107.pdf |
September 1, 2015
Competence and Communication in the Alberta Evidence Act, Report 27
On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. This Report for Discussion contains preliminary recommendations for updating Alberta […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Courts Procedure |
TAGS | children, cognitive impairment, communication, competence, evidence, witness |
FORMAT | Publications |
FILE | rfd027.pdf |
August 1, 2015
2014-2015 Annual Report
TAGS | annual, report |
FORMAT | Publications |
FILE | 20142015annualreport.pdf |
July 1, 2015
Non-Profit Corporations Discussion Paper
AREA OF LAW | Corporate and Commercial |
TAGS | charity, corporation, non, nonprofit, organisation, profit, registered |
FORMAT | Publications |
FILE | Non_Profits_Discussion_Paper.pdf |
April 8, 2015
Assisted Reproduction After Death: Parentage and Implications, Final Report 106
The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean […]
AREA OF LAW | Wills and Succession |
TAGS | parentage, inheritance, assisted, posthumous, reproduction, succession |
FORMAT | Publications |
FILE | FR106.pdf |
March 1, 2015
Alberta Non-Profit Corporations: Getting Legislation that Helps
In April 2013, The Muttart Foundation hosted a consultation conference in Banff, Alberta. The Alberta Law Reform Institute had the opportunity to meet with more than thirty experts from Non-Profit sectors across Canada, the United States, Australia, and the United Kingdom to exchange information and discuss the issues that Alberta Non-Profits face. This report summarizes the consultation and will be invaluable in guiding our recommendations in reforming the primary non-profit corporate legislation in Alberta, the Societies […]
AREA OF LAW | Corporate and Commercial |
TAGS | act, charity, companies, governance, legislation, nonprofit, societies |
FORMAT | Other |
FILE | Web-Paper_Alberta-Non-Profit-Corporations.pdf |
February 3, 2015