Post Format Publications

Survival of Actions and Fatal Accidents Act Amendment, Final Report 24

This report of produced after concern arose from the decision in the Crosby v O'Reilly case. A working paper was produced and a committee was appointed for the purpose of considering the specific question of whether the claim for damages for loss of expectation of life should be abolished and the broader question of the adoption of the Uniform Survival of Actions Act. This report examines the existing common law in Alberta, legislative change and [...]

By pderas|2020-06-01T13:26:24-06:00April 1st, 1977|Uncategorized|0 Comments

Partition and Sale, Final Report 23

This report is a study of the law of partition and alternative methods of termination of co-ownership and contains a draft Act. The matrimonial home is the most common, but not the only, example of property which is the subject of co-ownership in Alberta. Alberta and Saskatchewan are the only two provinces in Canada that do not have revised legislation providing for termination of co-ownership. The current law in Alberta is contained in three English [...]

By pderas|2022-09-22T15:06:48-06:00March 1st, 1977|Uncategorized|0 Comments

Residential Tenancies, Final Report 22

This extensive report is the product of research the Institute undertook regarding the law relating to tenancies of residential premises, which is the part of the law of landlord and tenant. It includes a proposed Act that balances the interests of landlords and tenants with the hope that it will provide a satisfactory legal framework for their activities. A plan for a security of tenure is discussed and included to assist in making an informed [...]

By pderas|2020-06-01T13:27:08-06:00February 1st, 1977|Uncategorized|0 Comments

Purchase by a Company of Shares Which It Has Issues, Final Report 21

This report contains draft legislation and recommends that a company incorporated under the Alberta Companies Act be permitted to purchase shares which it has issued. Under the recommendations, the portion of the price representing the consideration received by the company for issuing the shares in the first place must be allocated to reducing paid-up capital. Furthermore, the remainder of the price may be deducted from any surplus account that the directors designate. This power may [...]

By pderas|2021-01-21T13:20:37-07:00January 1st, 1977|Uncategorized|0 Comments

Consent of Minors to Health Care, Final Report 19

The general rule is that medical treatment can be given only with the consent of the patient. The age of majority in Alberta is eighteen years, but as one moves to lower ages, sixteen, fifteen, and so on the uncertainty of consent increases. A physician dealing with a minor is left in doubt as to when the patient can give a binding consent. Legislation is required to specify definitely the circumstances in which a minor [...]

By pderas|2020-06-01T13:30:05-06:00December 1st, 1975|Uncategorized|0 Comments

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