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Property Division: Living Together Before Marriage, Report 31

It is not uncommon for couples to live together before getting married. In some cases, they will acquire significant property, such as a home, furniture and a vehicle. While the Matrimonial Property Act [MPA] applies a presumption of equal division to property acquired during the marriage, it exempts the property acquired before the marriage. Consequently, the original value of that property is not divided on separation or divorce; only the increase in value of that property, from [...]

By |2023-01-27T11:00:45-07:00October 31st, 2017|Project|0 Comments
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Abolition of Perpetuities Law, Final Report 110

The rule against perpetuities is an ancient and complex set of legal rules designed to prevent people from indefinitely tying up land and assets via successive contingent interests of title so that future generations cannot sell, mortgage or enjoy full use of the property. In 1972, Alberta reformed the worst excesses of the rule against perpetuities in our current Perpetuities Act, seeking a reasonable balance between competing interests. Following public consultation, the Alberta Law Reform [...]

By |2023-01-27T11:01:17-07:00March 1st, 2017|Project|0 Comments
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A New Trustee Act for Alberta, Final Report 109

Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 - A New Trustee Act for Alberta. The Report sets out ALRI’s [...]

By |2023-02-28T11:20:48-07:00January 1st, 2017|Uncategorized|0 Comments
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Perpetuities Law: Abolish or Reform? Report 29

Perpetuities law is a complex set of legal rules designed to prevent people from indefinitely tying up land and assets for an excessive period of time so that future generations cannot deal freely with the property. But has the time come to abolish perpetuities law in Alberta? Do other modern legal rules now exist which could handle the situation better or more simply? Or should perpetuities law be retained but extensively reformed? Have your say [...]

By |2023-01-27T11:01:31-07:00April 1st, 2016|Project|0 Comments
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Reviewable Transactions, Final Report 108

The law of fraudulent preference and conveyances is outdated and still relies on the English Fraudulent Conveyances Act, 1571. The law in this area also lacks a clear policy foundation and needs to be clarified and modernised. In 2012, the Uniform Law Conference of Canada recommended new legislation to update this area of the law. The Alberta Law Reform Institute has reviewed the work of the Uniform Law Conference of Canada and recommends that Alberta adopt [...]

By |2023-01-27T11:01:43-07:00March 1st, 2016|Project|0 Comments
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A New Trustee Act for Alberta, Report 28

In 2012, the Uniform Law Conference of Canada published the Uniform Trustee Act and recommended it be adopted by the common law provinces. ALRI representatives participated in the creation of the Uniform Trustee Act. ALRI’s Report For Discussion #28, A New Trustee Act for Alberta, consists of recommendations for implementing the Uniform Trustee Act in Alberta. Using the Uniform Trustee Act as a starting point, ALRI has enhanced, tailored and clarified the Uniform Trustee Act to [...]

By |2023-02-27T15:41:57-07:00November 1st, 2015|Uncategorized|0 Comments
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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 [...]

By |2023-01-27T11:01:56-07:00September 1st, 2015|Project|0 Comments
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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 [...]

By |2023-01-27T11:02:10-07:00August 1st, 2015|Project|0 Comments
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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 [...]

By |2023-01-27T11:02:27-07:00February 3rd, 2015|Project|0 Comments
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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 [...]

By |2023-01-27T11:02:37-07:00February 3rd, 2015|Project|0 Comments
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