Division of Matrimonial Property on Death, Final Report 83

This report addresses the underlying conflict between the principles of matrimonial property law and succession law that causes unfair results for a surviving spouse who under the existing law does not have a cause of action under the Matrimonial Property Act. The surviving spouse of a marriage terminated by death should not have fewer remedies than the spouse in a marriage terminated by divorce. The contribution of a spouse to a marriage should be recognized either […]

May 29, 2000

Cost of Credit Disclosure, Final Report 82

There is an inherent tension in cost of credit disclosure legislation. The legislative objective is to assist consumers in getting the information they need at the time they need it to make informed choices about whether to get credit and where to get it. Increasing the disclosure burden on credit grantors increases their costs, and credit grantors will naturally attempt to pass these costs on to consumers and the requirements will exceed the incremental benefit […]

February 29, 2000

Occupiers’ Liability: Recreational Use of Land, Final Report 81

The Minister of Justice requested this report regarding the liability of occupiers of land to recreational users permitted on their premises without payment of a fee. This is not a typical ALRI report, as a recommendation as to whether this aspect of occupiers’ liability law should be reformed is not given due to a lack of adequate information about the potential problem to be solved and resources to compile that information. The report suggests matters […]

Trustee Investment Powers, Final Report 80

If the instrument that creates a trust does not expressly define the trustee’s powers, section 5 of the Trustee Act defines them. Known as the “legal list”, section 5 states which type of investments a trustee may purchase. The list of permitted investments aims to minimize risk. Many Commonwealth jurisdictions are replacing the legal list concept with the prudent investor approach, and a description of this evolution is included in Chapter 2. The prudent investor method encourages […]

Powers and Procedures for Administrative Tribunals in Alberta, Final Report 79

Existing legislation that governs the procedures of adjudicative tribunals in Alberta – the Alberta Administrative Procedures Act – is seriously deficient. It has not kept up to date with new case law, nor does it even apply to a majority of Alberta’s adjudicative tribunals. The ALRI suggests replacing this legislation with the Administrative Powers and Procedures Act. It would apply to all tribunals and because of the diverse range of tribunal functions and resources, include “opt-in” legislation. This […]

December 29, 1999

The Self-Regulation of the Legal Profession in Canada and in England and Wales

The legal profession in Canada and in England and Wales is said to be “self-regulating” and to have powers of “self-regulation”. The notion is that the legal profession – that is, lawyers collectively – regulate the way in which lawyers practise law. The purpose of this book is to describe, in an historical context, the notion of self-regulation and its implementation in the two countries, and to assess its appropriateness for the present and the […]

December 18, 1999

Wills: Non-Compliance with Formalities, Consultation Memorandum 8

Wills are occasionally excluded from probate because their execution does not comply strictly with the formalities required by the Wills Act. This paper is to determine whether or not provision should be made for admitting to probate some or all wills that do not strictly comply with the formalities but which testators nonetheless intend to constitute their wills. This paper raises the question of whether or not some provisions should be made that would allow a […]

December 4, 1999

Trustee Investments Powers, Consultation Memorandum 7

A person who creates a trust is entitled to give the trustees investment powers that are as broad or as narrow as the trust creator considers appropriate. A trust portfolio consisting only of assets identified in section 5 of the Trustee Act would be described as conservative and over the long term the return on such a portfolio would be significantly lower than the return that an investor could realize by applying ordinary principles of long-term prudent […]

September 4, 1999

Reform of the Intestate Succession Act, Final Report 78

The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving […]

June 29, 1999

Limited Liability Partnerships, Final Report 77

In Alberta, professionals conduct their trades through professional corporations, which do not entitle these professionals to the same types of limited liability protection enjoyed by shareholders in traditional business corporations. The issue this report considers is whether certain professions, which are currently required to practice in unlimited liability firms (such as accounting, legal, and health care), should be allowed to practice through limited liability firms. This report recommends that these professions, and all others, be […]

April 29, 1999