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Service of Documents During Postal Interruptions, Final Report 34


Some statutes or statutory instruments provide for the service of a document by mail. This report addresses the issue of whether or not this purported service by mail is effective in the event of a mail strike. This report recommends that a provincial statute be enacted that will invalidate service by mail when the mail service is not in operation. In such a case the statute should allow a person to effect service personally or […]

AREA OF LAW Procedure
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ENACTMENT

The Service of Documents During Postal Interruptions Act, SA 1980, c 88 (now Judicature Act, RSA 2000, c J-2, ss 43-47).

June 1, 1979

Interspousal Tort Immunity, Final Report 33


This report addresses the issue of whether inter-spousal tort immunity should be abolished. It addresses the present state of the law in Alberta, other common law provinces of Canada, and other Commonwealth countries. It assesses arguments for retaining interspousal tort immunity, and looks particularly at the reasons for domestic harmony, collusion, indirect benefit from own wrongful conduct, and subrogation. This report concludes that there is no merit in placing any restriction upon the type of […]

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ENACTMENT

Gratuitous Passengers and Interspousal Tort Immunity Statutes Amendment Act, SA 1990, c 22, s 2 amending the Married Women’s Act (now RSA 2000, c M-6, s 2(3)) and s 3 amending the Contributory Negligence Act (now RSA 2000, c C-27).

April 3, 1979

Guest Passenger Legislation, Final Report 32


Neither the common law nor statute law has taken a consistent approach to the guest or gratuitous passenger. This report presents arguments in favour of the guest passenger legislation and arguments in favour of repealing the guest passenger legislation. The report notes that today a large number of guest passengers do not get “something for nothing” and that the probability of reciprocal benefit makes it fair to impose liability on the driver for his or […]

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ENACTMENT

Proclamation 5 July 1979 of previously enacted The Alberta Insurance Amendment Act, 1977, SA 1977, c 76, s 6 (now Insurance Act, RSA 2000, c I-3, s 310) (This is not the principal recommendation of the Report). Gratuitous Passengers and Interspousal Tort Immunity Statutes Amendment Act, SA 1990, c 22, s 1 amending the Highway Traffic Act (now RSA 2000, c H-8).

April 2, 1979

Contributory Negligence and Concurrent Wrongdoers, Final Report 31


The Contributory negligence Act and the Tortfeasors Act are valuable pieces of law reform and have made fundamental improvements in tort law. However, there are some gaps in the Acts that give rise to problems of interpretation. This report examines the Acts in order to reconcile them, to clarify them, to fill in any gaps, and to consider whether or not their principles should be extended to cases not currently included within them. This report […]

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April 1, 1979

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
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March 4, 1979

The Builders’ Lien Act: Certain Specific Problems, Final Report 30


This report recommends several amendments to the Builders’ Lien Act and also briefly discusses whether a Builders’ Lien Act is necessary or should be repealed. A draft Builders’ Lien Amendment Act is attached. This report recommends that the period of time that the holdback or lien fund must be retained by the owner is 35 days after abandonment or substantial performance of the contract. The report recommends that the Act provide that an owner or […]

AREA OF LAW Property
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ENACTMENT

Builders’ Lien Amendment Act, 1985, SA 1985, c 14 (now Builders’ Lien Act, RSA 2000, c B-7).

March 1, 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
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June 1, 1978

Administration of Family Law: The Unified Family Court: Constitutional Opinions, Research Paper 11


This paper comprises opinions by Professor W.R. Lederman, Q.C., and Professor P.N. McDonald, on the constitutional validity (at the time of publication) of a unified family court in Alberta, including both federally appointed and provincially appointed judges (i.e. judges appointed by the Governor General in Council and the Lieutenant Governor in Council). Professor McDonald’s opinion is actually comprised of a number of smaller opinions written in 1976 and 1977, which include responses to some other […]

AREA OF LAW Children Family Law Marriage & Divorce
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May 4, 1978

Tenancies of Mobile Home Sites, Final Report 28


This report contains a proposed Act that balances the sometimes conflicting interests of the parties to tenancies of mobile home sites, and that will still provide the parties with appropriate and convenient new rights, responsibilities, and remedies. This report covers special features of tenancies of mobile home sites, trends towards statutory regulation, the scope of the proposed legislation, the tenancy agreement, obligations of landlord and tenant, remedies, failure to give possession, termination of tenancies, security […]

AREA OF LAW Landlord and Tenant Property
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ENACTMENT

Mobile Home Sites Tenancies Act, SA 1982, c M-18.5 (now RSA 2000, c M-20).

April 3, 1978

Matrimonial Support, Final Report 27


This report addresses the law of financial support between husband and wife insofar as it falls under the legislative jurisdiction of the province. The report contains a draft of the proposed Act, which would give effect to the institute’s recommendations. The report covers the substantive law that establishes and regulates the support obligation between husband and wife. It reviews the process by which the existence of the obligation is established and quantified in a particular […]

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ENACTMENT

The Domestic Relations Amendment Act, 1977, SA 1977, c 64 (now Maintenance Enforcement Act, RSA 2000, c M-1), establishing a collection service for support orders which is generally consistent with though different in detail from our recommendations, and providing improved collection procedures which are similar to but in several particulars more stringent than our proposals); The Social Development Amendment Act, 1977 (No. 2), SA 1977, c 92 (now Social Development Act, RSA 2000, c S-12, ss .14, 15); The Consumer and Corporate Affairs Statutes Amendment Act, 1978, SA 1978, c 49, s 2 amending the Debtors’ Assistance Act (now RSA 2000, c D-6, ss 3(2), 3(3), 4(e)-(f), (6)). (Our proposals for change in the substantive law have not yet been implemented.)

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