The Alberta Law Reform Institute Recommends Abolishing the Law of Adverse Possession
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
The Alberta Law Reform Institute Publishes research Paper on Police REcord Checks
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.