Publications
Dower Act: Life Estate, Report for Discussion 37
The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD37.pdf |
November 24, 2021
Dower Act: Consent to Disposition, Report for Discussion 36
The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD36.pdf |
November 23, 2021
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
Mortgage Remedies in Alberta, Final Report 70
This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties […]
| AREA OF LAW | Property Real Property |
| TAGS | borrower, mortgagor, lender, mortgagee, deficiency, transfer, mortgage, remedy |
| FORMAT | Publications |
| FILE | fr070.pdf |
June 29, 1994
Transfers of Investment Securities, Final Report 67
This report is long and presents a comprehensive review of the existing law governing transfers and pledges of investment securities in Alberta. It contains a detailed examination of a wide range of issues that relate to current securities trading and holding practices. It proposes that uniform legislation be developed in consultation with other Canadian jurisdictions, but does not include draft legislation. The Alberta Business Corporations Act is the current Alberta law governing transfers of investments securities and […]
| AREA OF LAW | Corporate and Commercial |
| TAGS | securities, pledge, trade, clearing, negotiation, transfer, investment, purchase, sale |
| FORMAT | Publications |
| FILE | fr067.pdf |
June 29, 1993
Mortgage Remedies in Alberta, Report for Discussion 9
This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties […]
| AREA OF LAW | Property Real Property |
| TAGS | borrower, mortgagor, lender, mortgagee, deficiency, transfer, mortgage, remedy |
| FORMAT | Publications |
| FILE | rfd9.pdf |
April 2, 1991