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Adverse Possession and Lasting Improvements to Wrong Land, Report 33


Adverse possession has a long history in the common law of England, Canada, and Alberta. It originated as a common law doctrine used to determine a person’s rights to land. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). The essential common law elements of adverse possession are: -the registered owner must be out of […]

AREA OF LAW Administration of Justice Landlord and Tenant Property Real Property
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FORMAT Publications
FILE RFD33.pdf

February 15, 2020

Competence and Communication in the Alberta Evidence Act, Final Report 111


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 Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment.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. Other Canadian jurisdictions have already reformed legislation to address these issues. The Alberta Law Reform Institute […]

AREA OF LAW Administration of Justice Courts Procedure
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FORMAT Publications
FILE FR111.pdf

January 1, 2018

Abolition of Perpetuities Law, Final Report 110


The rule against perpetuities is an ancient and complex set of legal rules designed to prevent people from indefinitely tying up land and assets via successive contingent interests of title so that future generations cannot sell, mortgage or enjoy full use of the property. In 1972, Alberta reformed the worst excesses of the rule against perpetuities in our current Perpetuities Act, seeking a reasonable balance between competing interests. Following public consultation, the Alberta Law Reform […]

AREA OF LAW Administration of Justice Corporate and Commercial Property
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FORMAT Publications
FILE FR_110.pdf

March 1, 2017

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
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FORMAT Other
FILE rfd029.pdf

April 1, 2016

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
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FORMAT Publications
FILE rfd027.pdf

August 1, 2015

Oaths and Affirmations, Final Report 105


A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to […]

AREA OF LAW Administration of Justice Courts
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FORMAT Publications
FILE FR105.pdf

September 1, 2014

Arbitration Act: Stay and Appeal Issues, Final Report 103


The Alberta Law Reform Institute has published Final Report 103 – Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 – Arbitration Act: Stay and Appeal Issues.

AREA OF LAW Administration of Justice Alternate Dispute Resolution
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FORMAT Publications
FILE FR103.pdf

January 1, 2014

Criminal Appeal Procedures, Final Report 101


The criminal appeal process is complex and not well understood. It derives from a number of sources, which are not always consistent and not always clear. Personal freedom and liberty are crucial. The stakes are high for anyone convicted of an offense. Prompt access to an appeal system that is clear and comprehensive is critical. The challenge accepted by the Alberta Law Reform Institute, and taken up by its working group of judges, prosecutors, defense […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts
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FORMAT Publications
FILE FR101.pdf

August 2, 2012

Arbitration Act: Stay and Appeal Issues, Report for Discussion 24


Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so […]

AREA OF LAW Administration of Justice Constitutional and Public Law Corporate and Commercial
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FORMAT Publications
FILE RFD24_hyperlinks.pdf

Criminal Trial Proceedings, Final Report 100


The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE FR100.pdf

August 1, 2012

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