Publications
The Matrimonial Property Act: A Case Law Review
The Alberta Law Reform Institute proposed the legislation that became the Matrimonial Property Act (MPA) more than 30 years ago and there has been no substantive amendment to the MPA since then. ALRI has received suggestions that the legislation is in need of revision but there was little consensus as to which areas were in need of review. In order to advance the research, ALRI financed the work of Annie Voss-Altman, a student at the […]
| TAGS | divide, house, assets, dispute, division, divorce, family, matrimonial, Property, separation, valuation |
| FORMAT | Publications |
| FILE | RP-MPA-Case-Law.pdf |
October 8, 2010
Transition to the New Rules of Court
This paper outlines the transition provisions and how the new rules will affect existing proceedings. In particular there are three types of transition provision that govern: when specific new rules will not apply to certain proceedings, when specific former rules will continue in force, and what to do when time periods are different under the new rules.
| AREA OF LAW | Alternate Dispute Resolution |
| TAGS | Appeal, Court, Evide, Limitation, Practice, Rule, Service, Substantive, Validity |
| FORMAT | Other |
| FILE | rulestransition.pdf |
October 1, 2010
Wills and the Legal Effects of Changed Circumstances, Final Report 98
In its Final Report on Wills, the Alberta Law Reform Institute (ALRI) makes a number of recommendations for reform of the Wills Act. The main recommendations are in the following areas: “ Changes that Alter or Revoke a Will “ Revocation by Law “ Reviving a Revoked Will “ Admission of Extrinsic Evidence “ Rectification “ Failed Gifts “ Beneficiary Issues “ Ademption by Conversion “ Legal Discrimination Against Children Born Outside Marriage
| AREA OF LAW | Wills and Succession |
| TAGS | revocation, revoke, rectification, gifts, inheritance, beneficiary, estate, marriage, reform, will |
| FORMAT | Publications |
| FILE | fr098.pdf |
August 29, 2010
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97
Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed […]
| AREA OF LAW | Corporate and Commercial Property Real Property |
| TAGS | paramadevan, real estate, remedies, contracts, purchaser, performance, supreme court, certificate, semelhago, Land, purchase, sale, title |
| FORMAT | Publications |
| FILE | fr97.pdf |
October 29, 2009
The Creation of Wills, Final Report 96
Categories Menu By Area of Law Administration of Justice Constitutional and Public Law Contract Corporate and Commercial Criminal Law Debtor and Creditor Employment and Industrial Law Equity and Trusts Family Law General Legal Profession Medical Law Partnerships and Associations Personal Representatives Procedure Property Tort Wills and Succession Publication Type The Creation of Wills This report makes a number of recommendations to reform the Wills Act. It recommends that Alberta courts be given the power to validate […]
| AREA OF LAW | Wills and Succession |
| TAGS | validate, alteration, revival, formalities, majority, testamentary, requirement, handwriting, interpretation, revocation, revoke, wills, act, capacity, decision, holograph, witness |
| FORMAT | Publications |
| FILE | fr096.pdf |
September 29, 2009
2005-2009 Annual Report
| TAGS | annual, report |
| FORMAT | Publications |
| FILE | 4_Year_Report_2005_to_2009_TR.pdf |
July 1, 2009
Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21
This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | obligation, paramadevan, performance, semelhago, contract, damages, Land, purchase, remedy, sale |
| FORMAT | Publications |
| FILE | rfd021.pdf |
March 2, 2009
Rules of Court Project, Final Report 95
This report sets out the process by which ALRI has proposed Rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]
| AREA OF LAW | Administration of Justice Courts |
| TAGS | fairness, justice, Appeal, Court, evidence, lawsuit, Limitation, Practice, Rule, Service, Substantive, Validity |
| FORMAT | Publications |
| FILE | FR95_updated.pdf |
October 29, 2008
Enforcement of Judgments, Final Report 94
This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation […]
| AREA OF LAW | Administration of Justice Corporate and Commercial |
| TAGS | enforcement, judgement, money, jurisdiction, enforce, uniform, foreign, transfer, certainty |
| FORMAT | Publications |
| FILE | fr094.pdf |
September 29, 2008