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Joinder of Divorce Proceedings with other Causes of Action, Final Report 7


This report addresses the joinder of divorce proceedings with other causes of action between husband and wife. Section 2(g) of the Divorce Act, 1968, provides that “‘petition’ for divorce means a petition or motion for a decree of divorce, either with or without corollary relief by way of an order under section 10 or 11”. It can be argued that this definition effectively precludes any collateral issues being introduced in the petition for divorce and […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
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ENACTMENT

Alberta Rules of Court, Rule 563(3), Alta. Reg. 315/71.

August 2, 1971

Rule Against Perpetuities, Final Report 6


The purpose of the Rule Against Perpetuities (RAP) is to balance the right of an individual to dispose of her wealth upon death as she sees fit, while recognizing that property is for the living, and the law should uphold the right of the living to control it. The ALRI believes the RAP still serves an important purpose, but requires several legislated amendments and so have provided 28 recommendations for the Alberta Legislature. For example, […]

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FORMAT Publications
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ENACTMENT

Perpetuities Act, SA 1972, c 131 (now RSA 2000, c P-5).

August 1, 1971

Guarantees Acknowledgment Act, RSA 1970, c 173, Final Report 5


In early 1970 the ALRI was asked by the Attorney General of Alberta to study the Guarantees Acknowledgment Act, 1969, and to argue for its removal or preservation. The ALRI then examined various facets of the law related to this statute, sought and received the opinions of several practitioners, and subsequently provided several recommendations. The Guarantees Acknowledgment Act, 1969, should be retained, subject to certain amendments. First, guarantees given on the sale of any interest […]

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FORMAT Publications
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ENACTMENT

Principal recommendation for retention of Guarantees Acknowledgment Act (now RSA 2000, c G-11) accepted. Recommendations for incidental amendments not acted upon.

October 1, 1970

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