Publications
Towards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53
This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: – Non-married opposite-sex cohabitants should have an official status, […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | child, cohabitation, exem, insurance, maintenance, pension, Property, succession |
| FORMAT | Publications |
| FILE | fr053.pdf |
June 1, 1989
Proposals for a New Alberta Incorporated Associations Act, Final Report 49
This report makes recommendations for the enactment of a new Incorporated Associations Act, which would repeal both the Companies Act and the Societies Act and apply only to true non-profit associations. The Act would not replace some specialized statutes such as the Cemetery Companies Act, the Co-operative Associations Act, and the Agricultural Societies Act and would not apply to non-profit corporations incorporated by the Legislature under special individual Acts. Many parts of the draft Act […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | association, director, distribution, incorporation, name, Property, society |
| FORMAT | Publications |
| FILE | fr049.pdf |
| ENACTMENT |
Bill 54 (Volunteer Incorporations Act) introduced into Alberta Legislature, June 15, 1987. |
March 1, 1987
Matrimonial Property: Division of Pension Benefits Upon Marriage Breakdown, Final Report 48
This report recommends amendments to the Matrimonial Property Act to improve the division of the benefits of a pension plan upon marriage breakdown. It covers all pension plans that fall under provincial jurisdiction or that can be reached by Alberta court orders. Recommendations are designed to achieve fairness, minimize the future entanglement of spouses’ financial affairs, encourage settlements, minimize financial and emotional costs, and protect the interests of the employers and other employees in pension plans and […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | fr048.pdf |
August 2, 1986
The Operation of the Unsecured Creditors’ Remedies System in Alberta, Research Paper 16
A plaintiff who has obtained a monetary judgement as a result of a court case, but who has not yet received that money, is known as a “judgement creditor.” This report is a survey of: whether judgement creditors made use of enforcement mechanisms to obtain their money; which remedies were used frequently, and which ones infrequently; how the remedies that were used operated, and how far they were carried; and how successful the remedy process […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | unsecured, judgment, money, credit, creditor, debt, debtor, Land, Property |
| FORMAT | Publications |
| FILE | RPNo.16.pdf |
March 3, 1986
Statute of Frauds and Related Legislation, Final Report 44
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts […]
| AREA OF LAW | Corporate and Commercial Property |
| TAGS | contract, Evide, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | fr044.pdf |
June 1, 1985
Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2
The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | rfd2.pdf |
May 2, 1985
Protection of Trade Secrets, Report for Discussion 1
There is presently no single body of law governing the circumstances under which trade secrets are legally protectable. The Criminal Code does not recognize theft of a trade secret as an offence. A person must therefore rely upon the law of contract or, in a case where there is no contract, equity. There are major problems with the current causes of action as far as they apply to protection of trade secrets. This report recommends […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | personal property, intellectual property, trade secrets, Property, trade secret |
| FORMAT | Publications |
| FILE | rfd1.pdf |
February 2, 1984
Statute of Frauds and Related Legislation, Research Paper 12
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]
| AREA OF LAW | Administration of Justice Corporate and Commercial Procedure Property Real Property |
| TAGS | contract, evidence, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | RPNo.12.pdf |
March 4, 1979
Family Relief, Final Report 29
This report was undertaken as part of ALRI’s studies on the reform of family law. The Family Relief Act provides for an award from an estate for the maintenance of the surviving spouse and a limited class of children. The maintenance must come from the net estate after payment of claims against the deceased. An eligible dependant may apply to the court within six months of the grant of probate or administration. There is provision […]
| AREA OF LAW | Family Law |
| TAGS | dependant, family, matrimonial, Property, relief, spouse, succession, variation |
| FORMAT | Publications |
| FILE | fr029.pdf |
June 1, 1978
Contract or Property Law; Form and Delivery of Lease; Right to Assign and Sublet, Research Paper 7
The laws of contract and property are fundamentally different, with different common law, equitable, and statutory guarantees coming into play when dealing respectively with property and with a contract. The first part of this paper considers whether the relationship between landlord and tenant, as determined by the Residential Tenancies Act at the time of publication, should be regulated by the law of property or the law of contract, and how this regulation should work. The second part […]
| AREA OF LAW | Corporate and Commercial Landlord and Tenant Property Real Property |
| TAGS | subletting, sublease, resident, contract, landlord, lease, Property, rent, tenant |
| FORMAT | Publications |
| FILE | RPNo.7.pdf |
November 4, 1975