Class Actions, Final Report 85

This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]

December 1, 2000

Powers and Procedures for Administrative Tribunals in Alberta, Final Report 79

Existing legislation that governs the procedures of adjudicative tribunals in Alberta – the Alberta Administrative Procedures Act – is seriously deficient. It has not kept up to date with new case law, nor does it even apply to a majority of Alberta’s adjudicative tribunals. The ALRI suggests replacing this legislation with the Administrative Powers and Procedures Act. It would apply to all tribunals and because of the diverse range of tribunal functions and resources, include “opt-in” legislation. This […]

December 29, 1999

Powers & Procedures for Administrative Agencies: MODEL CODE, Consultation Memorandum 6

The final product that arises from this consultation will be a comprehensive Model Code of Powers and Procedures, and an accompanying Annotation that sets out important case law that supplements or clarifies the rules. The Code will clarify the powers that already exist under the common law, and provide for additional powers necessary to the efficient and effective functioning of agencies. The code will not be a rigid set of rules that apply to every […]

April 1, 1999

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

Non-Pecuniary Damages in Wrongful Death Actions, Report for Discussion 12

The Fatal Accidents Act (at the time of this report’s publication) governed the right of surviving family members to recover non-pecuniary damages such as the loss of guidance, companionship, and care of a family member from someone who wrongfully causes their relative’s death. Section 8 of the Act provided that in the event of the loss of a family member, the following awards will be paid: $3000 to be split by the deceased’s parents; $3000 for the […]

June 2, 1992

Enforcement of Money Judgements Volume 2, Final Report 61

The model Judgement Enforcement Act (“‘JEA) set out in this volume gives statutory expression to the recommendations in Volume 1, as well as the recommendations in Report No. 50, Prejudgment Remedies for Unsecured Claimants. We have drafted and published the model JEA with several objectives in mind.

March 1, 1991

Enforcement of Money Judgements Volume 1, Final Report 61

The model Judgment Enforcement Act (“‘JEA) set out in this volume gives statutory expression to the recommendations in Volume 1, as well as the recommendations in Report No. 50, Prejudgment Remedies for Unsecured Claimants. We have drafted and published the model JEA with several objectives in mind.

Limitations, Final Report 55

Limitation periods, as discussed in this report, dictate the amount of time in which one may bring a civil claim to court for some sort of relief. After the limitation period for a claim has passed, the defendant will be immune to liability for that claim. This report addresses the complex and technical nature of limitation law as it was at the time, and recommends a new Model Limitations Act. This Act covers most, but […]

December 1, 1989

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 […]

September 2, 1986