Beneficiary Designations: RRSPs, RRIFs and Section 47 of the Trustee Act, Final Report 68

This report examines the issue whether section 47 of the Trustee Act ought to apply to RRSPs and RRIFs. It describes the scope and history of this project, looks at the existing law, and concludes that section 47 probably applies to RRSPs, even though its definition of “plan” does not mention them by name. The report also explores the fact that RRIFs as a type of “plan” within the meaning of section 47 is more doubtful. Arguments […]

September 29, 1993

Civil Litigation: The Judicial Mini-trial

August 28, 1993

Transfers of Investment Securities, Final Report 67

This report is long and presents a comprehensive review of the existing law governing transfers and pledges of investment securities in Alberta. It contains a detailed examination of a wide range of issues that relate to current securities trading and holding practices. It proposes that uniform legislation be developed in consultation with other Canadian jurisdictions, but does not include draft legislation. The Alberta Business Corporations Act is the current Alberta law governing transfers of investments securities and […]

June 29, 1993

Non-Pecuniary Damages in Wrongful Death Actions, Final Report 66

This report recommends four significant changes in respect to recovery of damages for non-pecuniary loss in wrongful death action of the 1979 enacted section 8 of Fatal Accidents Act. First, the new term “damages for grief and loss of the guidance, care and companionship of the deceased” is used to describe more accurately what is being compensated. Second, the levels of damages (the existing level of damages has been rejected as totally inadequate) are raised to […]

May 30, 1993

The Domestic Relations Act (DRA) – Phase 1. Family Relationships: Obsolete Actions, Final Report 65

With the changes in attitude toward marriage and family that have occurred over past decades many provisions of the Domestic Relations Act have become outmoded. This report recommends the abolition of six obsolete matrimonial actions: restitution of conjugal rights, judicial separation, damages in tort for adultery, enticement or harbouring a spouse; damages in tort for harbouring of a child, damages in contract for breach of a promise of marriage, and jactitation of marriage. This report also recommends […]

March 29, 1993

Advance Directives and Substitute Decision-Making in Personal Health Care, Final Report 64

Present law relating to substitute healthcare decision-making is deficient, as it requires that consent be obtained but does not provided a practical mechanism for doing so. The law also fails to provide individuals with a mechanism for planning for their own incapacity with respect to healthcare decisions. This report contains 28 recommendations and contains draft legislation entitled Health Care Instructions Act which would create the advance directive, create the healthcare agent or proxy, and integrate the scheme […]

March 28, 1993

Section 195 of the Land Titles Act, Final Report 63

This report recommends that section 195 of the Land Titles Act be amended so that purchasers may rely on the Land Titles Office register. The amended section should make it clear that actual or constructive notice of an off-register interest does not affect a non-fraudulent purchaser who acquires an interest from the registered or caveated owner of the interest. This report contains a draft of an amended section 195. Section 195 protects the purchaser against finding that […]

February 1, 1993

Proposals for the Reform of the Public Inquiries Act, Final Report 62

November 29, 1992

Report on Liens, Report for Discussion 13

A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on […]

September 2, 1992

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