Author Archives: Maria Lavelle

About Maria Lavelle

Maria Lavelle is counsel in the Alberta Law Reform Institute's (ALRI) Calgary office. She has a J.D. from Osgoode Hall Law School and an LL.M. from Columbia University Law School. Prior to joining ALRI, Maria was with the Canadian Foreign Service, where she was a legal officer with the Department of Foreign Affairs and was posted to Canadian Embassies in Syria and Turkey and to the Canadian High Commission in Ghana. She has a strong interest in international law, legal research, and human rights. She has contributed to a number of ALRI projects including in the areas of administrative law, wills and estate administration. She is called to the bar in both Ontario and Alberta. Maria is currently enrolled in the post-graduate certificate program in Natural Resources, Energy and Environmental Law at the University of Calgary.

Worth the Wait – New Estate Administration Act Introduced

By: Maria Lavelle

PDF Version: Worth the Wait – New Estate Administration Act Introduced

Legislation commented on: Bill 4, Estate Administration Act, Second Session, 28th Legislature, 63 Elizabeth II (2014)

In an earlier post, I indicated that the Government of Alberta was likely to introduce new estate administration legislation in the Fall term. Although the original timing estimate was off, new estate administration legislation has now been introduced and, as of the date of this blog, is adjourned in Third Reading.

Continue reading →

A Rare Public Challenge to a Municipal Water Franchise Agreement

PDF Version: A Rare Public Challenge to a Municipal Water Franchise Agreement 

Decision considered: Rocky View County – Water and Wastewater Franchise Agreement with Harmony Advanced Water Systems Corporation (29 November 2013), Decision 2013-424

This decision is significant because, in this rare instance of a public objection to a municipal utility franchise agreement, the Alberta Utilities Commission took a progressive approach and granted public interest standing to an objector who did not have a statutory right to standing.

Continue reading →

A Case for Reform: The Law of Fraudulent Preferences and Conveyances

PDF Version: A Case for Reform: The Law of Fraudulent Preferences and Conveyances

Case Commented On: 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420

The case of 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420, is not significant in and of itself, but rather because it highlights some (but not all) of the shortcomings of the current state of the law regarding fraudulent preferences and conveyances. This is an area of law that has been described as “notoriously antiquated and long overdue for reform” (see Tamara M. Buckwold’s article: “Reforming the Law of Fraudulent Conveyances and Fraudulent Preferences” (2012) 52 Canadian Business Law Journal 333, at 333).

Continue reading →

The State of Estate Administration in Alberta

PDF Version: The State of Estate Administration in Alberta

Report commented on: Alberta Law Reform Institute, Final Report on Estate Administration

In October 2013, the Alberta Law Reform Institute (ALRI) released its Final Report on Estate Administration. It is anticipated that new estate administration legislation will be introduced in the Legislature this fall.

The current Administration of Estates Act, RSA 2000, c A-2 remains relatively unchanged since it was first introduced in 1969. A person trying to administer an estate, however, would find little guidance in the current Act. This is partly due to the fact that the statute, in essence, is a list of exceptions and accretions to the common law without working them into a coherent whole.

Continue reading →