Post Format Publications

Matrimonial Property, Final Report 18

This is an extensive and large report regarding the feasibility of legislation that, upon dissolution of marriage, would give each spouse the right to an equal share in the assets accumulated during the marriage other than by gift or inheritance from outside sources. Three major proposals for change are judicial discretion, community of property, and deferred sharing. This report analyzes the committee's majority and minority views on these proposals. Regarding judicial discretion, the law could [...]

By pderas|2020-06-01T13:31:07-06:00August 1st, 1975|Uncategorized|0 Comments

Small Projects, Final Report 17

This report addresses small defects in the law and parts of this report that deal with Affidavits of Execution and illegible signature of notaries, the Builders' Lien Act, and Seizures Act are really miniature working papers. Recommendations are made regarding the Bulk Sales Act, Alberta Evidence Act, Dower Act, Liquor Control Act and Workers' Compensation Act. Matters still under consideration are Affidavits of Execution: illegible signature of notaries, commissioners, etc.; Arbitration Act; sections of the [...]

By pderas|2020-06-01T13:32:01-06:00June 1st, 1975|Uncategorized|0 Comments

Rule in Hollington v Hewthorn, Final Report 16

The rule in Hollington v Hewthorn says that evidence of a criminal conviction is not admissible in subsequent civil proceedings to prove the facts on which the conviction is founded, where those facts are an issue in the civil proceedings. There has been widespread criticism of the rule. The strongest argument against change is that the trier of fact in the civil action may give more weight to the conviction than it deserves. The risk [...]

By pderas|2020-06-01T13:32:33-06:00February 1st, 1975|Uncategorized|0 Comments

Minors’ Contracts, Final Report 14

The common law governs minors' contracts in Alberta and elsewhere in Canada outside of Quebec. The Legislatures have intervened only sporadically and have dealt only with matters of detail. This report recommends that the attached draft Act be enacted. The law needs to give to minors some protection from liability on their contracts and allow the courts broad discretionary power to do justice in cases of unconscionable contracts. The law should interfere with contracts only [...]

By pderas|2020-06-01T13:33:17-06:00January 1st, 1975|Uncategorized|0 Comments

Validity of the Alberta Rules of Court, Final Report 15

Important parts of the Alberta Rules of Court may be more than the Rules of practice and procedure which the lieutenant-governor-in-council is not empowered to make. The Rules relating to garnishees and service ex juris are in some jeopardy. So are some Rules relating to costs, Rules relating to the jurisdiction of the court, and Rules relating to rights of appeal, and Rules imposing time limitations on substantive rights. Rules relating to evidence, including those [...]

By pderas|2021-01-21T13:41:23-07:00January 2nd, 1975|Uncategorized|0 Comments

Judicature Act, Section 24, Final Report 13

This report examines section 24 of the Judicature Act, RSA 1970, c 193 and makes recommendations with regard to it. The section provides that certain actions shall not be brought or maintained unless permission has first been given by the lieutenant-governor-in-council. The history of section 24 is examined, including its legal effects, and practice relating to this section. The special protection which section 24(1) gives to Ministers of the Crown is not justified, and unless [...]

By pderas|2020-06-01T13:35:21-06:00August 1st, 1974|Uncategorized|0 Comments

Expropriation, Final Report 12

This is an extensive report. In its examination of the procedures of expropriation, it recommends procedural fairness that is as expeditious as fairness permits. This requires notice to the owner of a proposed expropriation and provision for objections by the owner. If land is taken, there has to be the right to payment of a reasonable proportion of his compensation before owner is obliged to give up possession. The time from the inception of the [...]

By pderas|2020-06-01T13:36:09-06:00March 1st, 1973|Uncategorized|0 Comments

Common Promisor and Promisee: Conveyances with a Common Party, Final Report 11

Covenants have to do with contracts generally, whereas conveyances have to do with the grant of an interest in real or personal property. This report attends to the validity of joint covenants in which there is a common promissor and promissee; for example, covenants by A with A and B jointly or by A and B with A, B and C jointly. It also addresses the validity of conveyances in which there is a common [...]

By pderas|2020-06-01T13:36:57-06:00October 1st, 1972|Uncategorized|0 Comments

Powers of Maintenance and Advancement, Final Report 10

This report addresses the widening of the provisions for maintenance from income and capital and considers provisions for advancement. It examines when a gift carries income; powers of maintenance out of income; and powers of maintenance and advancement out of capital. Frequently, the trust instrument does not confer powers to maintain or advance and in modern times statutory powers have appeared. Sections 32 and 33 of theAlberta Trustee Act, 1970, are examined. Section 32 gives [...]

By pderas|2023-01-27T10:51:52-07:00June 1st, 1972|Uncategorized|0 Comments

Rule in Saunders v Vautier, Final Report 9

This report examines the various Rules in the law of will and trusts with have been subject to criticism to see whether the Rules should be altered, and if so what the new provisions should be. One of these Rules is called the rule in Saunders v Vautier which states: Where there is an absolute vested gift made payable at the future even with a direction to accumulate the income in the meantime and pay [...]

By pderas|2020-06-01T13:39:43-06:00February 1st, 1972|Uncategorized|0 Comments