Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5

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 […]

December 1, 1998

Should a Claim for Loss of a Chance of Future Earnings Survive Death?, Consultation Memorandum 4

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 […]

August 1, 1997

The Presumption of Crown Immunity, Final Report 71

Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification […]

July 29, 1994

Court-Connected Family Mediation Programs in Canada, Research Paper 20

This paper addresses the use of (non-litigated) mediation as an adjunct to litigation within the court system. The paper surveys: the mediation process (as it was at the time of publication), with a discussion of its advantages and disadvantages compared to litigation; the different mediation programs available (at the time of publication); descriptions of child-protection mediation programs released immediately prior to publication in British Columbia and Nova Scotia; and the empirical effectiveness of mediation programs […]

May 3, 1994

Civil Litigation: The Judicial Mini-trial

August 28, 1993

Public Inquiries, Issues Paper 3

The Public Inquiries Act, RSA 1980, c P-29, invested the Lieutenant Governor in Council with the power to create public inquiries, when he or she deemed it expedient so to do, on any matter within the jurisdiction of the Province which was connected with its good government or public business. Aside from its function in regulating public inquiries (and their especially the commissioners), the Act is often used as a reference to describe the powers given […]

November 4, 1991

Dispute Resolution: A Directory of Methods, Projects and Resources, Research Paper 19

This paper was written in order to investigate improvements in the law and the administration of justice, and also as a response to the increased public interest in alternate dispute resolution (at the time of publication). The paper itself is a survey of: the nature of the Alternative Dispute Resolution (ADR) movement; possible ADR methods; and various ADR projects and resources. This report does not come to any specific conclusions about alternative dispute resolution, but […]

July 3, 1990

Report on Referees, Research Paper 18

A referee is a person appointed to decide a specific, circumscribed question of fact. This person submits a report to the judge, who may decide to either accept or reject that report. In Alberta (at the time of publication), Masters in Chambers were official referees in all courts, and clerks and deputy clerks are official referees in the Provincial court, and could act as referees when required by the Court of Queen’s Bench. Outside of […]

February 3, 1990

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 […]

October 1, 1988

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 […]

July 4, 1987