Publications
Creditor Access to Future Income Plans, Consultation Memorandum 11
This project addresses the question of whether registered retirement savings plans (RRSPs), deferred profit-sharing plans (DPSPs) and registered retirement income funds (RRIFs) should be exempt from the remedies of creditors. The present law is examined in depth, and looks at the conflicting policies relevant to the present study, as well as issues that arise from these conflicts. Issues raised in the memorandum are the pros and cons of whether Alberta law should recognize any exemption […]
| AREA OF LAW | Corporate and Commercial Personal Property Property |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | cm11.pdf |
June 4, 2002
Should a Claim for the Loss of a Chance of Future Earnings Survive Death? Final Report 76
Section 2 of the Survival of Actions Act (SAA) provides that a “cause of action vested in a person survives for the benefit of his estate.” Section 5 of the SAA specifies that “only those damages that resulted in actual financial loss to the deceased or his estate are recoverable.” In Duncan Estate v Baddeley, the Alberta Court of Appeal ruled that the loss of a chance of future earnings was an actual financial loss. This report recommends the SAA be amended […]
| AREA OF LAW | Wills and Succession |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | fr076.pdf |
December 29, 1998
Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5
The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]
December 1, 1998
Should a Claim for Loss of a Chance of Future Earnings Survive Death?, Consultation Memorandum 4
This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure |
| TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
| FORMAT | Publications |
| FILE | cm4.pdf |
August 1, 1997
Non-Pecuniary Damages in Wrongful Death Actions, Final Report 66
This report recommends four significant changes in respect to recovery of damages for non-pecuniary loss in wrongful death action of the 1979 enacted section 8 of Fatal Accidents Act. First, the new term “damages for grief and loss of the guidance, care and companionship of the deceased” is used to describe more accurately what is being compensated. Second, the levels of damages (the existing level of damages has been rejected as totally inadequate) are raised to […]
| AREA OF LAW | Constitutional and Public Law |
| TAGS | member, non-pecuniary, compensation, damages, death, family, injury, wrongful |
| FORMAT | Publications |
| FILE | fr066.pdf |
May 30, 1993
Non-Pecuniary Damages in Wrongful Death Actions, Report for Discussion 12
The Fatal Accidents Act (at the time of this report’s publication) governed the right of surviving family members to recover non-pecuniary damages such as the loss of guidance, companionship, and care of a family member from someone who wrongfully causes their relative’s death. Section 8 of the Act provided that in the event of the loss of a family member, the following awards will be paid: $3000 to be split by the deceased’s parents; $3000 for the […]
| AREA OF LAW | Constitutional and Public Law Procedure |
| TAGS | guidance, non-pecuniary, compensation, damages, death, loss, recognition, wrongful |
| FORMAT | Publications |
| FILE | rfd12.pdf |
June 2, 1992