Publications
2017 Alberta Cohabitation Survey Results
In conjunction with its project on property division for common law couples and adult interdependent partners, ALRI partnered with the Population Research Lab at the University of Alberta to carry out a survey of Albertans’ attitudes and expectations towards cohabitation and property division. The survey resulted in 1,200 responses and helped guide the recommendations in Report for Discussion 30 – Property Division for Common Law Couples and Adult Interdependent Partners. Donna Fong, Rosanna Shih, and Dr. […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Other |
| FILE | AB_cohab_survey_results.pdf |
September 8, 2017
A New Trustee Act for Alberta, Final Report 109
Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 – A New Trustee Act for Alberta. The Report sets out ALRI’s […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | act, asset, estate, law, new trustee act, Property, reform, report, trust, trustee act |
| FORMAT | Publications |
| FILE | FR109.pdf |
January 1, 2017
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
Matrimonial Property Act: Valuation Date, Report for Discussion 25
The Matrimonial Property Act was enacted in 1978 and provides a method of sharing matrimonial property between spouses on marriage breakdown. What property is available for sharing and how is it valued? Since 2005, the law applied by the courts is that the property must be valued at trial. In reviewing Alberta cases since 2009, this date is problematic. It is an uncertain future date, assumes spouses will litigate to trial, and discourages earlier party driven settlements. […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | divorce, matrimonial, Property, separation, settlement, spouse, valuation |
| FORMAT | Publications |
| FILE | RFD25_hyperlinks.pdf |
November 2, 2014
Succession and Posthumously Conceived Children, Report for Discussion 23
This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and […]
| AREA OF LAW | Wills and Succession Children Family Law |
| TAGS | inheiritance, intestacy, parentage, posthumous, children, succession, will |
| FORMAT | Publications |
| FILE | RFD23_web.pdf |
February 2, 2012
Family Law Project – The Conclusion, Final Report 93
This report sets out the process by which ALRI has proposed rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]
| AREA OF LAW | Family Law |
| TAGS | relationship, parent, birth, child, maintenance, minor, status, support |
| FORMAT | Publications |
| FILE | fr093.pdf |
June 29, 2004
Enduring Powers of Attorney, Issues Paper 5
The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | mental, agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | IPNo.5.pdf |
February 4, 2002
Non-Resident Trustees Under the Dependent Adults Act, Final Report 86
A trustee under the Dependent Adults Act of Alberta handles some or all of the financial affairs of a dependent adult, depending on the terms of the trusteeship order. An individual cannot be appointed a trustee under the Dependent Adults Act unless the individual is a resident of Alberta. The Act’s prohibition of non-resident trustees creates significant practical difficulties if the only suitable or most suitable potential trustee is a non-resident or if an Alberta trustee is appointed and […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | non-resident, dependent, safeguard, enforcement, money, appointment, security, trustee |
| FORMAT | Publications |
| FILE | fr086.pdf |
January 29, 2002
Recognition of Rights and Obligations in Same Sex Relationships, Research Paper 21
In 1999, in M. v. H. (1999), 171 DLR (4th) 577 (SCC), the Supreme Court of Canada determined that any legislation which provided access to court-enforced spousal support rights to opposite-sex unmarried couples, while denying that access to equivalent same-sex couples, was unconstitutional (in that it violated s 15(1) of the Charter and was not saved by s 1) This paper surveys Alberta legislation current to the time of publication, and determines there are several points on inconsistency between […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | same-sex, Canadian Charter of Rights and Freedoms, relationship, discrimination, personal |
| FORMAT | Publications |
| FILE | RPNo.21.pdf |
January 3, 2002