Publications
Adverse Possession and Lasting Improvements to Wrong Land, Final Report 115
Adverse possession allows a person who has occupied another’s land for at least 10 years to potentially claim ownership of that land. The occupation must be exclusive, open, notorious and continuous. Adverse possession is commonly, but mistakenly, referred to as squatter’s rights. ALRI is recommending that the law of adverse possession be abolished in Alberta. This change would prevent new claims from being brought in the future, but would not affect claims that have been […]
| AREA OF LAW | Limitation of Actions Property Real Property |
| TAGS | quiet, lasting, fence, real estate, dispute, claim, Improvement, Land, Limitations, Possession, Property, Rights, Squatters, title, trespasser |
| FORMAT | Publications |
| FILE | FR115.pdf |
May 28, 2020
Creditor Access to Future Income Plans, Consultation Memorandum 11
This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]
| AREA OF LAW | Corporate and Commercial Personal Property Property |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | cm11.pdf |
June 4, 2002
Should a Claim for the Loss of a Chance of Future Earnings Survive Death? Final Report 76
Section 2 of the Survival of Actions Act (SAA) provides that a “cause of action vested in a person survives for the benefit of his estate.” Section 5 of the SAA specifies that “only those damages that resulted in actual financial loss to the deceased or his estate are recoverable.” In Duncan Estate v Baddeley, the Alberta Court of Appeal ruled that the loss of a chance of future earnings was an actual financial loss. This report recommends the SAA be amended […]
| AREA OF LAW | Wills and Succession |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | fr076.pdf |
December 29, 1998
Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5
The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]
December 1, 1998
Should a Claim for Loss of a Chance of Future Earnings Survive Death?, Consultation Memorandum 4
This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | cm4.pdf |
August 1, 1997
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 […]
| AREA OF LAW | Constitutional and Public Law Corporate and Commercial |
| TAGS | lien, non-consensual, retention, priority, perfection, claimant, secured, discharge, seizure, enforcement, attachment, buyer, claim, creditor, debt, debtor, goods, personal, Possession, Property, registration, termination |
| FORMAT | Publications |
| FILE | rfd13.pdf |
September 2, 1992
Limitations, Final Report 55
Limitation periods, as discussed in this report, dictate the amount of time in which one may bring a civil claim to court for some sort of relief. After the limitation period for a claim has passed, the defendant will be immune to liability for that claim. This report addresses the complex and technical nature of limitation law as it was at the time, and recommends a new Model Limitations Act. This Act covers most, but […]
| AREA OF LAW | Limitation of Actions Procedure |
| TAGS | acquiescence, action, adverse possessio, claim, Limitation, Possession, remedial |
| FORMAT | Publications |
| FILE | fr055.pdf |
| ENACTMENT |
Limitations Act, SA 1996, c L-15.1 (now RSA 2000, c L-12). |
December 1, 1989