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The Presumption of Crown Immunity, Final Report 71


Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification […]

AREA OF LAW Administration of Justice Constitutional and Public Law
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FORMAT Publications
FILE fr071.pdf

July 29, 1994

Survivorship, Final Report 47


This report recommends a new rule to cover the case in which property is to go to B on A’s death and there is doubt which of them died first. The Alberta Survivorship Act currently provides that in cases of doubt the older of the two will be deemed to have died first. This report proposes a new rule that B, the beneficiary, would be deemed to have died first unless it can be proved that he […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr047.pdf

August 1, 1986

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