Publications
Status of Children: Revised Report, Final Report 45
This report is a reissue and update from of Report 20, Status of Children, June 1976. The report provided detailed reasons and recommends that there will be one status for all children; that the legal relationship of child and parent be dependent on their biological relationship; that with the exception of parental guardianship, all rights and obligations of the child born out of wedlock, of a parent, or of any other person be determined in […]
| AREA OF LAW | Children Family Law |
| TAGS | child, custody, guardianship, illegitimate, paternity, status, support |
| FORMAT | Publications |
| FILE | fr045.pdf |
| ENACTMENT |
Substantially enacted, pursuant to the recommendations in Report 60 by the Family and Domestic Relations Statutes Amendment Act, 1991, SA 1991, c 11 amending the Domestic Relations Act (now RSA 2000, c D-14, ss 50(1), 77-84); the Family Relief Act (now RSA 2000, c F-4, s 1(b)); and the Intestate Succession Act (now RSA 2000, c I-10, s 1(b)). |
November 1, 1985
Statute of Frauds and Related Legislation, Final Report 44
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts […]
| AREA OF LAW | Corporate and Commercial Property |
| TAGS | contract, Evide, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | fr044.pdf |
June 1, 1985
Matrimonial Property: Division of Pension Benefits upon Marriage Breakdown, Report for Discussion 2
The Attorney General asked the Institute to study the division of pensions in the event of marriage breakdown with a view to proposing statutory guidelines to be used by the Court. This report provides tentative proposals that were followed up and solidified in the final report relating to pension plans registered under the Pension Benefits Act (Alberta), a number of Alberta public sector pension plans, and non-Alberta pension plans under which Alberta law will be applied to […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | husband, wife, value, divorce, matrimonial, pension, Property, settlement, spouse |
| FORMAT | Publications |
| FILE | rfd2.pdf |
May 2, 1985
Survey of Adult Living Arrangements: A Technical Report, Research Paper 15
This paper is a survey of issues related to couples living together outside of marriage. It addresses the attitudes of non-maritally cohabitants toward relevant legal issues, the reasons that the couples chose to nonmaritally cohabitate, and the reasons that they chose to continue living that way. The survey also addresses the socio-economic characteristics of non-married and married cohabitants, as well as the characteristics of their family life.
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | living, de facto, common law spouse, adult, arrangement, cohabitation, marriage |
| FORMAT | Publications |
| FILE | RPNo.15.pdf |
November 3, 1984
Protection of Children’s Interests in Custody Disputes, Final Report 43
The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child’s family and to form opinions as to where the child’s best interests lie. A majority of cases utilizing an amicus curiae […]
| AREA OF LAW | Children Family Law |
| TAGS | access, amicus curiae, child, custody, divorce, expert, guardianship, witness |
| FORMAT | Publications |
| FILE | fr043.pdf |
October 1, 1984
Debt Collection Practices, Final Report 42
This report sets out a rules of conduct which will provide a firm and ascertainable legal basis for the conduct of private debt collection agencies and the debt collectors, and rules of conduct which should apply to everyone including collection agencies but also including creditors who collect their own debts. Proposed standards of conduct include prohibitions and obligations stated in simple and intelligible language so it will provide and efficient method of enforcement of the […]
| AREA OF LAW | Corporate and Commercial Procedure Property |
| TAGS | agency, agent, collection, Collection Practices Act, creditor, debt, debtor |
| FORMAT | Publications |
| FILE | fr042.pdf |
| ENACTMENT |
See generally, Civil Enforcement Act, SA 1994, c C-10.5 (now RSA 2000, c C-15). |
June 1, 1984
Compensation for Security Interests in Expropriated Land, Final Report 41
This report considers different approaches to compensation for expropriated land which is subject to one or more security interests, especially mortgages. Current to the publication of the report (May 1984), compensation in these cases was regulated by s 49 of the Expropriation Act, RSA 1980, c E-16. This compensation was based on the “market value” theory, under which the security holder was paid market value of the security interest attached to the land, and the […]
| AREA OF LAW | Personal Property Property |
| TAGS | compensation, expropriation, interest, mortgage, security, taking, valuation |
| FORMAT | Publications |
| FILE | fr041.pdf |
May 1, 1984
Judicial Review of Administrative Action: Application for Judicial Review, Final Report 40
This report address the problem of a person who wants judicial review of an administrative decision, action or refusal. There is a variety of procedures to choose from, but if the wrong choice is made there is the possibility of delay, incurred cost, and loss of remedy. This report recommends substituting the several existing procedures with one simple procedure in which the claimant can obtain any and all of the judicial review remedies to which […]
| TAGS | certiorari, crown, judicial review, procedure, prohibition, statutory agency |
| FORMAT | Publications |
| FILE | fr040.pdf |
| ENACTMENT |
Court of Queen’s Bench Amendment Act, 1987, SA 1987, c 17 (now Court of Queen’s Bench Act, RSA 2000, c C-31). |
March 2, 1984
Defences to Provincial Charges, Final Report 39
This report deals with charges of “provincial offences” which are offences under “enactments” (e.g. Alberta statutes, orders-in-council, regulations and municipal by-laws). True criminal offences are covered by the Criminal Code of Canada and some other federal legislation. A draft of proposed amendments to the Summary Convictions Act is attached. This report recommends that the three categories of regulatory offences (mens rea, absolute liability, and strict liability) be retained and that tests for them are established […]
| TAGS | abs, charge, criminal, defence, liability, mens rea, offence, provincial, strict |
| FORMAT | Publications |
| FILE | fr039.pdf |
March 1, 1984
Protection of Trade Secrets, Report for Discussion 1
There is presently no single body of law governing the circumstances under which trade secrets are legally protectable. The Criminal Code does not recognize theft of a trade secret as an offence. A person must therefore rely upon the law of contract or, in a case where there is no contract, equity. There are major problems with the current causes of action as far as they apply to protection of trade secrets. This report recommends […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | personal property, intellectual property, trade secrets, Property, trade secret |
| FORMAT | Publications |
| FILE | rfd1.pdf |
February 2, 1984