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 [...]

By |2020-08-05T12:18:32-06:00August 2nd, 2012|Uncategorized|0 Comments
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Order of Application of Assets in Satisfaction of Debts and Liabilities, Report for Discussion 19

This report considers the payment of a person's debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law "order of application" had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those [...]

By |2020-08-05T12:19:10-06:00September 2nd, 2001|Uncategorized|0 Comments
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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 [...]

By |2020-08-05T12:20:15-06:00September 2nd, 1992|Uncategorized|0 Comments
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Non-Pecuniary Damages in Wrongful Death Actions, Report for Discussion 12

The Fatal Accidents Act (at the time of this report's publication) governed the right of surviving family members to recover non-pecuniary damages such as the loss of guidance, companionship, and care of a family member from someone who wrongfully causes their relative's death. Section 8 of the Act provided that in the event of the loss of a family member, the following awards will be paid: $3000 to be split by the deceased's parents; $3000 for the [...]

By |2021-01-25T14:41:47-07:00June 2nd, 1992|Uncategorized|0 Comments
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Sterilization Decisions: Minors and Mentally Incompetent Adults, Report for Discussion 6

This consultative document sets out the evolution of the present law, its apparent parameters, the social and medical background to sterilization decisions and tentatively recommends a new statutory regime that would better reflect the present day and foreseeable needs of Canadian citizens. This report recommends that the decision regarding sterilization be made by a judge of the Court of Queen's Bench. Before making the order for sterilization the judge would be required to satisfy himself [...]

By |2023-01-27T10:55:20-07:00March 2nd, 1988|Uncategorized|0 Comments
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Non-Pecuniary Damages in Wrongful Death Actions, Final Report 66

This report recommends four significant changes in respect to recovery of damages for non-pecuniary loss in wrongful death action of the 1979 enacted section 8 of Fatal Accidents Act. First, the new term "damages for grief and loss of the guidance, care and companionship of the deceased" is used to describe more accurately what is being compensated. Second, the levels of damages (the existing level of damages has been rejected as totally inadequate) are raised to [...]

By |2021-01-21T13:05:24-07:00May 30th, 1993|Uncategorized|0 Comments
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Proposals for a Land Recording and Registration Act for Alberta, Final Report 69 Volume 1

Volume 1 of this report recommends that a new Land Recording and Registration Act be enacted to provide a modern and more efficient system of land recording and registration for Alberta. The new Act would replace the Land Titles Act (Alberta). The report contains a draft of the proposed Act. Parts 1 to 8 of the draft Act establish a reformed system of recording and registering interests in land which preserves the beneficial aspects of the existing system of [...]

By |2021-09-23T11:07:16-06:00October 29th, 1993|Uncategorized|0 Comments
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The Presumption of Crown Immunity, Final Report 71

Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification [...]

By |2021-09-23T13:05:11-06:00July 29th, 1994|Uncategorized|0 Comments
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