ALRI is recommending that the law of adverse possession be abolished in Alberta. This change would prevent new claims from being brought in the future, but would not affect claims that have been resolved or filed with the court before the change comes into effect.This change would mean that a registered owner of land could recover possession at any time and would not have to act within the 10-year limitation period that currently applies.
If adverse possession is abolished, claims regarding lasting improvements to the wrong land under section 69 of the Law of Property Act would have a more prominent role in resolving disputes concerning possession of land. To facilitate equitable resolution of disputes, ALRI recommends that an assign of the lasting improvement should not have to prove whether the person who made the improvement believed it was their land. This change would make section 69 consistent with how courts have applied it. ALRI also recommends that section 69 claims can be brought at any time.
Download Final Report 115, Adverse Possession and Lasting Improvements to Wrong Land
A police record check is a search of police databases to determine if they contain any entries (information) relating to an individual. Many employers, volunteer organizations and others use police record checks as a screening tool. That is, they use police record checks to assess applicants’ suitability for opportunities.
Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights.
ALRI conducted some preliminary research to determine whether it should undertake a police record check law reform project. As part of its research, ALRI compared Ontario’s police record check legislation with the AACP procedures. ALRI determined that the AACP procedures could be improved, but recognized that they are relatively new and that the AACP is open to revising them.
ALRI’s paper contains its preliminary research findings. Its publication is intended to promote discussion about police record check practices in Alberta.
Get the paper here.
"On March 27th, the Commission released its Final Report titled "Reform of The Wills Act, The Law of Property Act, And The Beneficiary Designation Act, Revisited".
In this report, the Commission revisits the recommendations for reform contained in its 2003 report and makes 17 recommendations to update The Wills Actand related legislation. The recommendations contained in this report seek to improve and modernize the legislation to help Manitobans carry out their testamentary intentions.
The full report can be found here.
BRITISH COLUMBIA LAW INSTITUTE
BRITISH COLUMBIA LAW INSTITUTEALBERTA LAW REFORM INSTITUTE
Get the Consultation Paper on the Builders Lien Act
BCLI has issued a Consultation Paper on the Builders Lien Act to gather input from stakeholders and the public at large on detailed proposals for changes to the Act. The Builders Lien Act is a major cornerstone of construction law. It gives contractors, material suppliers, and workers several forms of security for payment for work done or materials supplied to a building site, most notably a lien on the owner’s land. The Act also lets building owners limit their exposure to claims by unpaid subcontractors and workers by maintaining a mandatory 10 percent holdback.
Read more here...
The Commission has released a final report on Creating Efficiencies in the Law: The Beneficiary Designation Act (Retirement, Savings and Other Plans).
The Commission makes eight recommendations to improve The Beneficiary Designation Act. If implemented, these recommendations would help to fill gaps in the current legislation. This report is limited to reviewing specific aspects of The Beneficiary Designation Act and is not a wholesale review of the Act. It forms part of a series of reports entitled Creating Efficiencies in the Law, which seek to address discrete, straightforward issues that, in the Commission’s view, can be improved with relatively simple legislative amendments.
To read the report, click here.
BRITISH COLUMBIA LAW INSTITUTE
Reporter Amanda Jerome from The Lawyer’s Daily, discusses our most recent event of May 15, AI For Lawyers: A Primer on Artificial Intelligence in Ontario’s Legal System.
To read the article click here.
BCLI recommends reforms to the Strata Property Act’s legal framework for common property, land titles, and fundamental changes
In the Report on Common Property, Land Titles, and Fundamental Changes for Stratas, the British Columbia Law Institute’s Strata Property Law Project Committee recommends amending the Strata Property Act and the Strata Property Regulation to shore up three key areas that help to define strata properties as interests in land.
Visit BCLI's website for more info and to download the report.
Important activities by Canadian Law Reform Agencies.