Publications
Protection Against Domestic Abuse, Final Report 74
This Report has two primary aims. The first goal is to facilitate the ability of abused individuals to obtain and enforce orders to protect them from their abusers. The process presently in place requires a Court of Queen’s Bench appearance, usually requires lawyers, and can be expensive. The report favours granting with the Provincial Court with the power to issue protection orders. This will lower the cost and expand the geographic accessibility of these orders. […]
| AREA OF LAW | Constitutional and Public Law Family Law |
| TAGS | domestic violence, restraining order, exclusive possession, matrimonial home |
| FORMAT | Publications |
| FILE | fr074.pdf |
February 1, 1997
Domestic Abuse: Toward an Effective Legal Response, Report for Discussion 15
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | domestic violence, restraining order, exclusive possession, matrimonial home |
| FORMAT | Publications |
| FILE | rfd15.pdf |
| ENACTMENT |
This report begins with the recognition that a multi-disciplinary response is necessary in order to respond properly to the issue of domestic abuse; however, this paper deals with the legal facet of this response. Further, the report specifically addresses civil protection orders. Regarding these orders, this report considers:
|
June 2, 1995
The Matrimonial Home, Report for Discussion 14
This report discusses potential changes to the Dower Act and the Matrimonial Property Act. The Dower Act was created with the intent of supporting widows after the death of their husbands, by providing them with ownership, for the remainder of their lives, of the matrimonial home. This report investigates ways in which that intended support can be continued, given modern complexities. The report also considers situations in which, after a divorce or separation, a spouse can obtain occupation of the […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | occupation, husband, wife, co-ownership, marriage, matrimonial home, spouse |
| FORMAT | Publications |
| FILE | rfd14.pdf |
March 2, 1995
Partition and Sale, Final Report 23
This report is a study of the law of partition and alternative methods of termination of co-ownership and contains a draft Act. The matrimonial home is the most common, but not the only, example of property which is the subject of co-ownership in Alberta. Alberta and Saskatchewan are the only two provinces in Canada that do not have revised legislation providing for termination of co-ownership. The current law in Alberta is contained in three English […]
| AREA OF LAW | Property Real Property |
| TAGS | co-parcenary, joint tenancy, lease, matrimonial home, mortgage, partition, title |
| FORMAT | Publications |
| FILE | fr023.pdf |
| ENACTMENT |
Partition and Sale Act, SA 1979, c 59 (now Law of Property Act, RSA 2000, c L-7, ss 14-19, 20-33). |
March 1, 1977
Matrimonial Property, Final Report 18
This is an extensive and large report regarding the feasibility of legislation that, upon dissolution of marriage, would give each spouse the right to an equal share in the assets accumulated during the marriage other than by gift or inheritance from outside sources. Three major proposals for change are judicial discretion, community of property, and deferred sharing. This report analyzes the committee’s majority and minority views on these proposals. Regarding judicial discretion, the law could […]
| AREA OF LAW | Family Law |
| TAGS | community, divorce, family, gift, marriage, matrimonial home, Property, support |
| FORMAT | Publications |
| FILE | fr018.pdf |
| ENACTMENT |
Matrimonial Property Act, SA 1978, c 22 (now RSA 2000, c M-8), enacting a combination of the majority and minority proposals for the distribution of matrimonial property, and an extension of the recommendations on possession of the matrimonial home. |
August 1, 1975