Matrimonial Property Act: Valuation Date, Final Report 107

Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to […]

September 1, 2015

Competence and Communication in the Alberta Evidence Act, Report 27

On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. This Report for Discussion contains preliminary recommendations for updating Alberta […]

August 1, 2015

2014-2015 Annual Report

July 1, 2015

Non-Profit Corporations Discussion Paper

April 8, 2015

Assisted Reproduction After Death: Parentage and Implications, Final Report 106

The idea of recognising parentage and inheritance rights for children born after the death of one of their genetic parents has been part of the common law for centuries. However, these provisions have only applied to children en ventre sa mère. In other words, parentage and inheritance rights are bestowed upon those children who are in utero at the time of a parent’s death, provided they are subsequently born alive. Advancements in reproductive technology mean […]

March 1, 2015

Alberta Non-Profit Corporations: Getting Legislation that Helps

In April 2013, The Muttart Foundation hosted a consultation conference in Banff, Alberta. The Alberta Law Reform Institute had the opportunity to meet with more than thirty experts from Non-Profit sectors across Canada, the United States, Australia, and the United Kingdom to exchange information and discuss the issues that Alberta Non-Profits face. This report summarizes the consultation and will be invaluable in guiding our recommendations in reforming the primary non-profit corporate legislation in Alberta, the Societies […]

February 3, 2015

Non-Profit Corporations, Report 26

Non-profit organisations are an integral part of our society, an increasing component of our economy, delivering a wide array of services including education, training, housing, food banks, health care and recreation. The current legislation is old and has not kept pace with the non-profit sector and the legislation should be updated to allow non-profits to accomplish their objectives; to clearly articulate the roles and responsibilities of directors and members, and to balance the requirements and […]

Matrimonial Property Act: Valuation Date, Report for Discussion 25

The Matrimonial Property Act was enacted in 1978 and provides a method of sharing matrimonial property between spouses on marriage breakdown. What property is available for sharing and how is it valued? Since 2005, the law applied by the courts is that the property must be valued at trial. In reviewing Alberta cases since 2009, this date is problematic. It is an uncertain future date, assumes spouses will litigate to trial, and discourages earlier party driven settlements. […]

November 2, 2014

Oaths and Affirmations, Final Report 105

A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to […]

September 1, 2014

2013-2014 Annual Report

July 27, 2014