Division of Matrimonial Property on Death, Report for Discussion 17

At the time of publication, there was a contradiction in the law of Alberta regarding marital property. If a marriage dissolved, each spouse would be presumed to have contributed equally to the marriage (barring evidence to the contrary), and therefore to be entitled to an even share of the marital property, regardless of the name on title. On the other hand, if one spouse died before the other, he or she would have complete freedom […]

March 2, 1998

Last Clear Chance Rule, Final Report 75

This report recommends that the Contributory Negligence Act (CNA) be amended to abolish the common-law rule known as the “last clear chance” rule. The “last clear chance” rule applied where both the contributory negligence of a plaintiff and the fault of a defendant caused loss to the plaintiff and where one of the them had a “last clear chance” to avoid the effect of the other’s fault and failed to do so. If the defendant was the […]

August 29, 1997

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

Protection Against Domestic Abuse, Final Report 74

This Report has two primary aims. The first goal is to facilitate the ability of abused individuals to obtain and enforce orders to protect them from their abusers. The process presently in place requires a Court of Queen’s Bench appearance, usually requires lawyers, and can be expensive. The report favours granting with the Provincial Court with the power to issue protection orders. This will lower the cost and expand the geographic accessibility of these orders. […]

February 1, 1997

Business Names Legislation, Consultation Memorandum 3

This paper considers the desirability and design of provincial legislation that pursues the regulation of business names and business name disclosure. Business name regulation is for the purpose of limiting the scope for confusion caused by the use of similar names. Business name disclosure requires that firms that use a business name disclose certain information about themselves to the public. This paper discusses the two objectives of business names legislation and then describes the general […]

December 1, 1996

Revision of the Surrogate Rules, Final Report 73

This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is […]

May 29, 1996

Reform of the Intestate Succession Act, Report for Discussion 16

A person who dies without a valid will is known as “intestate.” The distribution of such a person’s assets was (at the time of this report’s publication) determined by the Intestate Succession Act, RSA 1980, c I-9. This Act was based on a system of property distribution developed in 1670 (the Statute of Distribution). This report asserts that this scheme of distribution was out of date, and that the will of those who died intestate could be […]

January 2, 1996

Reasonable Accommodation in the Workplace, Consultation Memorandum 2

This memorandum proposes to reform the duty of accommodation in the workplace. In order to help increase participation in the workforce by disabled person and members of other minority or disadvantaged groups. It proposes a duty of accommodation that would prohibit the exclusion of such persons from particular jobs where it is reasonably possible to provide accommodations that allow them to perform the necessary work. This report recommends the enactment of legislation creating an express […]

November 1, 1995

Division of Pension Benefits Upon Marriage Breakdown, Consultation Memorandum 1

This report is to review the recommendations that were made in Report 48, Matrimonial Property: Division Benefits upon Marriage Breakdown, to see whether and how it should be revised. Report 48 made recommendations for changes in the law to make the division process fairer, more efficient and less costly, and to protect the interests of all concerned, including spouses, other beneficiaries, employers and plan administrators. This memorandum consists of a series of questions which are […]

September 1, 1995

Domestic Abuse: Toward an Effective Legal Response, Report for Discussion 15

June 2, 1995