Publications
Arbitration Act: Stay and Appeal Issues, Report for Discussion 24
Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law Corporate and Commercial |
| TAGS | stay, Appeal, arbitration |
| FORMAT | Publications |
| FILE | RFD24_hyperlinks.pdf |
August 2, 2012
Criminal Trial Proceedings, Final Report 100
The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of […]
| AREA OF LAW | Administration of Justice Court Rules & Procedure Courts Procedure |
| TAGS | proceeding, charter, non-disclosure, code, jury, justice, trial, rules, conduct, Court, criminal, selection |
| FORMAT | Publications |
| FILE | FR100.pdf |
August 1, 2012
Joint Ventures, Final Report 99
Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. Final Report 99, Joint Ventures recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | 99, venture, arrangement, partnership, partner, business, commercial, joint |
| FORMAT | Publications |
| FILE | FR-99_hyperlinks.pdf |
July 1, 2012
Succession and Posthumously Conceived Children, Report for Discussion 23
This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and […]
| AREA OF LAW | Wills and Succession Children Family Law |
| TAGS | inheiritance, intestacy, parentage, posthumous, children, succession, will |
| FORMAT | Publications |
| FILE | RFD23_web.pdf |
February 2, 2012
Estate Administration, Report for Discussion 22
Estate administration is the job of gathering the assets of the person deceased, paying the debts and distributing the estate to the persons entitled by will or the intestate succession legislation. Often the personal representative [PR] will be a family member who may have no previous experience of such a job and will also be dealing with the death of a family member at the same time. Surveys have found that the job of a […]
| AREA OF LAW | Wills and Succession |
| TAGS | beneficiary, death, estate, succession |
| FORMAT | Publications |
| FILE | rfd022.pdf |
October 2, 2011
Administrative Adjudicative Decisions: Statutory Review Mechanisms Tribunal Inventory
In 2010, the Alberta Law Reform Institute (ALRI) considered whether to undertake a project regarding the diversity of statutory review mechanisms available in Alberta for reviewing or appealing adjudicative decisions made by administrative tribunals. These tribunals include any administrative board, commission, agency or other body which exercises adjudicative decision-making power under provincial legislation. For the purpose of its deliberations, ALRI dedicated research time to prepare a detailed inventory of such tribunals and their statutory review […]
| TAGS | adjudication, administrative, Appeal, procedure, tribunal |
| FORMAT | Other |
| FILE | tribunalinventory.pdf |
September 8, 2011
Joint Ventures, Consultation Memorandum 14
Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. This report recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a partnership; and use […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | joint venture, shareholder, private, partnership, business, commercial, company, corporation |
| FORMAT | Publications |
| FILE | cm014.pdf |
May 4, 2011
Rules: Criminal Appeal Procedures: Court of Queen’s Bench and Court of Appeal of Alberta, Consultation Memorandum 12.22
The objective of Consultation Memorandum 12.22 is to facilitate development of a criminal appeal system that is clear, simple, accessible, effective and timely. To this end, a single process, with adaptations as necessary, is proposed for conducting criminal appeals before both the Court of Queen’s Bench and the Court of Appeal. Issues and proposals related to each part of the core process and procedures for obtaining court assistance are described.
| AREA OF LAW | Administration of Justice Court Rules & Procedure Courts Procedure |
| TAGS | civil procedure, guide, Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
| FORMAT | Publications |
| FILE | cm01222.pdf |
December 4, 2010
The Matrimonial Property Act: A Case Law Review
The Alberta Law Reform Institute proposed the legislation that became the Matrimonial Property Act (MPA) more than 30 years ago and there has been no substantive amendment to the MPA since then. ALRI has received suggestions that the legislation is in need of revision but there was little consensus as to which areas were in need of review. In order to advance the research, ALRI financed the work of Annie Voss-Altman, a student at the […]
| TAGS | divide, house, assets, dispute, division, divorce, family, matrimonial, Property, separation, valuation |
| FORMAT | Publications |
| FILE | RP-MPA-Case-Law.pdf |
October 8, 2010
Transition to the New Rules of Court
This paper outlines the transition provisions and how the new rules will affect existing proceedings. In particular there are three types of transition provision that govern: when specific new rules will not apply to certain proceedings, when specific former rules will continue in force, and what to do when time periods are different under the new rules.
| AREA OF LAW | Alternate Dispute Resolution |
| TAGS | Appeal, Court, Evide, Limitation, Practice, Rule, Service, Substantive, Validity |
| FORMAT | Other |
| FILE | rulestransition.pdf |
October 1, 2010