The Alberta Law Reform Institute has published Final Report 110, Abolition of Perpetuities.
What is the Rule Against Perpetuities?
The rule against perpetuities is an ancient and complex set of legal rules designed to prevent people from indefinitely tying up land and assets via successive contingent interests of title so that future generations cannot sell, mortgage or enjoy full use of the property. In 1972, Alberta reformed the worst excesses of the rule against perpetuities in our current Perpetuities Act, seeking a reasonable balance between competing interests.
ALRI Recommends Abolishing Perpetuities Law
Following public consultation, the Alberta Law Reform Institute has now released Final Report 110, Abolition of Perpetuities recommending the abolition of perpetuities law in Alberta.The modern availability of court variation of trusts, tax law and other interests is a sufficient legal mechanism to balance competing interests in this area. Other provinces have abolished perpetuities law without any apparent major problems.
ALRI invites you to review the Final Report here.
Law Commission of Ontario Releases Final Report on Legal Capacity, Decision-Making and Guardianship
The LCO’s Final Report recommends a comprehensive plan to reform Ontario’s laws and policies regarding powers of attorney, guardianship and health care consent. This project responds to public concerns regarding misuse of powers of attorney, elder abuse, excessive intervention in the lives of persons who have disabilities to make independent decisions, barriers to access to justice, and the widespread lack of understanding about Ontario’s complex laws in this area.
According to LCO Board Chair Bruce Elman, “The LCO’s report is the most comprehensive analysis of Ontario’s laws in this area in almost thirty years. Legal capacity, decision-making and guardianship laws affect tens of thousands of Ontarians every day, whether as individuals who can’t make decisions independently, as family members, or as professionals. We believe the LCO’s recommendations will make the law more effective, more responsive, and more accessible.”
This project has been the most extensive in the LCO’s history. The LCO has received advice and support from an expert Advisory Committee and more than 800 individuals and institutions over a two year period. The report’s 58 recommendations include proposals that would:
The LCO is funded by the Law Foundation of Ontario, the Ontario Ministry of the Attorney General, Osgoode Hall Law School, the Law Society of Upper Canada, and York University. The LCO is also supported by Ontario’s law schools. The LCO is located at Osgoode Hall Law School, York University.
The LCO's Final Report and summary materials are available online in English and French at www.lco-cdo.org. You may also download documents here:
Executive Director, Law Commission of Ontario
FOLRAC RoundUP March 2017
Alberta Law Reform Institute