Publications
Interprovincial Recognition of Substitute Decision-making Documents: Personal Directives, Final Report 113
In 2016, the Uniform Law Conference of Canada adopted the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act as suitable for implementation across Canada. The Uniform Act seeks to provide harmonized rules for recognizing substitute decision-making documents (like enduring powers of attorney and personal directives) that are prepared outside of the jurisdiction in which they are sought to be used. This final report reviews ALRI’s consultation process and the feedback ALRI received in response to its preliminary […]
| AREA OF LAW | Wills and Succession |
| TAGS | rules, directives, enduring, execution, personal, recognition, substitute |
| FORMAT | Publications |
| FILE | FR113.pdf |
March 1, 2019
Interprovincial Recognition of Substitute Decision-Making Documents, Report 32
Substitute decision-making documents (also called powers of attorney, proxies, personal directives, etc…) delegate authority to one person to act on behalf of another with respect to financial, property or legal affairs and/or personal or health care matters. A valid substitute decision-making document must conform to the laws of the jurisdiction where it is executed. Execution requirements, however, are not uniform across jurisdictions. As a result, a substitute decision-making document may not be recognized outside of […]
| AREA OF LAW | Wills and Succession |
| TAGS | attorney, directives, execution, personal, powers, recognition, substitute |
| FORMAT | Other |
| FILE | RFD32.pdf |
December 1, 2017
Recognition of Rights and Obligations in Same Sex Relationships, Research Paper 21
In 1999, in M. v. H. (1999), 171 DLR (4th) 577 (SCC), the Supreme Court of Canada determined that any legislation which provided access to court-enforced spousal support rights to opposite-sex unmarried couples, while denying that access to equivalent same-sex couples, was unconstitutional (in that it violated s 15(1) of the Charter and was not saved by s 1) This paper surveys Alberta legislation current to the time of publication, and determines there are several points on inconsistency between […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | same-sex, Canadian Charter of Rights and Freedoms, relationship, discrimination, personal |
| FORMAT | Publications |
| FILE | RPNo.21.pdf |
January 3, 2002
Limited Liability Partnerships, Final Report 77
In Alberta, professionals conduct their trades through professional corporations, which do not entitle these professionals to the same types of limited liability protection enjoyed by shareholders in traditional business corporations. The issue this report considers is whether certain professions, which are currently required to practice in unlimited liability firms (such as accounting, legal, and health care), should be allowed to practice through limited liability firms. This report recommends that these professions, and all others, be […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | limited, professional, malpractice, liability, negligence, personal, Practice |
| FORMAT | Publications |
| FILE | fr077.pdf |
April 29, 1999
Limited Liability Partnerships and Other Hybrid Business Entities, Issues Paper 4
At the time of this paper’s publication, certain types of professionals (namely, accountants, lawyers, and certain health care professionals) were required to work in a setting of “unlimited liability,” meaning that the individual professionals could be held liable for debts and other liabilities incurred by the company for which they worked. This paper addresses the issue of that unlimited liability, and suggests that there was a “liability crisis” at the time, and therefore an urgent […]
| TAGS | limited, professional, malpractice, liability, negligence, personal, tort |
| FORMAT | Publications |
| FILE | IPNo.4.pdf |
March 4, 1998
Advance Directives and Substitute Decision-Making in Personal Health Care, Final Report 64
Present law relating to substitute healthcare decision-making is deficient, as it requires that consent be obtained but does not provided a practical mechanism for doing so. The law also fails to provide individuals with a mechanism for planning for their own incapacity with respect to healthcare decisions. This report contains 28 recommendations and contains draft legislation entitled Health Care Instructions Act which would create the advance directive, create the healthcare agent or proxy, and integrate the scheme […]
| AREA OF LAW | Wills and Succession |
| TAGS | patient, adult, healthcare, treatment, consent, decision, health care, personal |
| FORMAT | Publications |
| FILE | fr064.pdf |
March 28, 1993
Report on Liens, Report for Discussion 13
A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on […]
| AREA OF LAW | Constitutional and Public Law Corporate and Commercial |
| TAGS | lien, non-consensual, retention, priority, perfection, claimant, secured, discharge, seizure, enforcement, attachment, buyer, claim, creditor, debt, debtor, goods, personal, Possession, Property, registration, termination |
| FORMAT | Publications |
| FILE | rfd13.pdf |
September 2, 1992
Advance Directives and Substitute Decision-Making in Personal Health Care, Report for Discussion 11
Present law relating to substitute healthcare decision-making is deficient, as it requires that consent be obtained but does not provided a practical mechanism for doing so. The law also fails to provide individuals with a mechanism for planning for their own incapacity with respect to healthcare decisions. This report contains 28 recommendations and contains draft legislation entitled Health Care Instructions Act which would create the advance directive, create the healthcare agent or proxy, and integrate the scheme […]
| AREA OF LAW | Wills and Succession |
| TAGS | patient, adult, healthcare, treatment, consent, decision, health care, personal |
| FORMAT | Publications |
| FILE | rfd11.pdf |
November 2, 1991