Publications
Enduring Powers of Attorney, Report for Discussion 7
This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]
| AREA OF LAW | Wills and Succession |
| TAGS | mental, agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | rfd7.pdf |
February 2, 1990
The Bulk Sales Act, Final Report 56
The Bulk Sales Act, RSA 1980, c B-13, was created to protect the creditors of retailers who sell their stock and disappear before paying off their debts. The Act (as it was at the writing of this report) required that anyone buying an unusually large amount of a retailer’s stock and trade fixtures must first obtain a list of the retailer’s debts, and must pay the retailer’s creditors directly (or obtain their consent), before the […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | bulk sale, buyer, credit, creditor, debtor, fraud, fraudulent, merchant, seller |
| FORMAT | Publications |
| FILE | fr056.pdf |
| ENACTMENT |
Miscellaneous Statutes Amendment Act, 1992, SA 1992, c 21, s 5 (repealed the Bulk Sales Act). |
January 1, 1990
Limitations, Final Report 55
Limitation periods, as discussed in this report, dictate the amount of time in which one may bring a civil claim to court for some sort of relief. After the limitation period for a claim has passed, the defendant will be immune to liability for that claim. This report addresses the complex and technical nature of limitation law as it was at the time, and recommends a new Model Limitations Act. This Act covers most, but […]
| AREA OF LAW | Limitation of Actions Procedure |
| TAGS | acquiescence, action, adverse possessio, claim, Limitation, Possession, remedial |
| FORMAT | Publications |
| FILE | fr055.pdf |
| ENACTMENT |
Limitations Act, SA 1996, c L-15.1 (now RSA 2000, c L-12). |
December 1, 1989
Financial Assistance by a Corporation: Section 42, The Business Corporations Act (Alberta), Final Report 54
Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: – a shareholder or director of that corporation or an affiliated corporation; – an associate of any or the above; or – a purchaser of shares of that corporation or an affiliated corporation if that corporation was not “solvent” as defined by the ABCA. […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | assistance, Business Corporations Act, corporation, disclosure, financial, solve |
| FORMAT | Publications |
| FILE | fr054.pdf |
| ENACTMENT |
Business Corporations Act, SA 2000, c 10, s. 2 (now RSA 2000, c B-9, s 45). |
August 1, 1989
Towards Reform of the Law Relating to Cohabitation Outside Marriage, Final Report 53
This report addresses the position (at the time of its writing) of opposite-sex couples living together on a domestic basis without a legal marriage. Since these partnerships carry many of the same responsibilities as marriage partnerships, the report suggests that they be afforded similar (but not identical) protections under the law. Twenty-one recommendations are provided here, with the majority opinions falling roughly into the following categories: – Non-married opposite-sex cohabitants should have an official status, […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | child, cohabitation, exem, insurance, maintenance, pension, Property, succession |
| FORMAT | Publications |
| FILE | fr053.pdf |
June 1, 1989
Corporate Directors’ Liability, Research Paper 17
This paper addresses the question of the standard of care required from the directors of corporations. At the time of publication, there were different commonlaw rules about Corporate Directors’ Liability in different jurisdictions: that in Alberta being that “a director is not expected to exhibit ‘a greater degree of skill than may [reasonably] be expected from a person of his [sic] knowledge and experience’”; that in Delaware being much higher, that in Indiana being lower; […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | business judgement, breach, corporation, director, duty of care, fiduciary, liability |
| FORMAT | Publications |
| FILE | RPNo.17.pdf |
February 3, 1989
Competence and Human Reproduction, Final Report 52
This report recommends the draft legislation Competence and Human Reproduction Act to create a decision-making process regarding sterilization for those not legally competent to make the decision themselves. The Act replaces the blanket prohibition of Re Eve with legislation that allows for a judgment based on the best interest of the individual and an empathy for her situation. The Institute concluded that no person should be denied access to sterilization because she is not competent […]
| AREA OF LAW | Wills and Succession |
| TAGS | capacity, consent, disease, health care, medical treatment, minor, sex, venereal |
| FORMAT | Publications |
| FILE | fr052.pdf |
February 1, 1989
Proposals for a New Alberta Arbitration Act, Final Report 51
This report considers the Arbitration Act, RSA 1980, c A-43, as it was current to the publication of the report. The report considers two principal difficulties users had with the Act: the fact that it left many practical problems unsolved; and the “unduly broad” scope for discretionary intervention by the courts, which would frustrate the desire of many arbitrating parties to avoid litigation. The report presents a draft Act, patterned on the UNCITRAL Model Law […]
| AREA OF LAW | Administration of Justice |
| TAGS | appointment, arbitration, arbitrator, conduct, protection, tribunal |
| FORMAT | Publications |
| FILE | fr051.pdf |
| ENACTMENT |
Arbitration Act, SA 1991, c A-43.1 (now RSA 2000, c A-43). |
October 1, 1988
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 […]
| AREA OF LAW | Constitutional and Public Law Family Law |
| TAGS | sterilization, mental, incompetent, mental health, non-therapeutic, guardian, minor |
| FORMAT | Publications |
| FILE | rfd6-1.pdf |
March 2, 1988
Prejudgment Remedies for Unsecured Claimants, Final Report 50
This report is first in a series of final reports on the general topic of remedies of unsecured creditors. The report contains detailed recommendations for a legislative solution regarding the inadequacies identified in the available prejudgment remedies for unsecured claimants in Alberta. It details a variety of prejudgment remedies that currently exist and identifies as a problem the absence of any unifying principle in their application. There is discussion of the Mareva injunction, which has […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | attachment, creditor, debtor, garnishment, pre-judgment, prejudgment, remedy |
| FORMAT | Publications |
| FILE | fr050.pdf |
| ENACTMENT |
Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15). |
February 1, 1988