Public Inquiries, Issues Paper 3
The Public Inquiries Act, RSA 1980, c P-29, invested the Lieutenant Governor in Council with the power to create public inquiries, when he or she deemed it expedient so to do, on any matter within the jurisdiction of the Province which was connected with its good government or public business. Aside from its function in regulating public inquiries (and their especially the commissioners), the Act is often used as a reference to describe the powers given [...]
Reasonable Accommodation in the Workplace, Consultation Memorandum 2
This memorandum proposes to reform the duty of accommodation in the workplace. In order to help increase participation in the workforce by disabled person and members of other minority or disadvantaged groups. It proposes a duty of accommodation that would prohibit the exclusion of such persons from particular jobs where it is reasonably possible to provide accommodations that allow them to perform the necessary work. This report recommends the enactment of legislation creating an express [...]
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 [...]
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 [...]
Class Actions, Consultation Memorandum 9
This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation [...]
Powers and Procedures of Administrative Tribunals, Consultation Memorandum 13
Administrative tribunals have had an important role to play in interpretation and application of the law through their adjudicative functions. In their adjudicative role of government, they are also a primary contact for a proportion of the population, and they make decisions affecting the rights and interest of individuals and businesses. While the Administrative Procedures and Jurisdiction Act provides a set of Rules to guide tribunals in their decision making function, its provisions do not reflect the [...]
Report on Referees, Research Paper 18
A referee is a person appointed to decide a specific, circumscribed question of fact. This person submits a report to the judge, who may decide to either accept or reject that report. In Alberta (at the time of publication), Masters in Chambers were official referees in all courts, and clerks and deputy clerks are official referees in the Provincial court, and could act as referees when required by the Court of Queen's Bench. Outside of [...]