Stella Varvis

Report Commented On: Alberta Law Reform Institute, Access to Digital Assets by Fiduciaries, Final Report 121, March 2024

PDF Version: In Support of a New Alberta Act for Fiduciary Access to Digital Assets

More and more Canadians are engaged in online activities like sending and receiving emails and texts, storing photos and videos, posting on social media sites, collecting points through various loyalty programs, and trading in cryptocurrency. Given all this online activity, there’s a real question about who should be able to access these electronic records – known as digital assets – when the original account holder dies or becomes incapacitated.

Access to Digital Assets by Fiduciaries

By Stella Varvis

On April 20, 2022

In Internet Law, Property

By: Stella Varvis

PDF Version: Access to Digital Assets by Fiduciaries

Matter Commented On: the Uniform Access to Digital Assets by Fiduciaries Act

The email from your brother about spring break. Photos from prospective online dates stored on your phone. Restaurant reviews posted on your WordPress blog. Your Airmiles travel points. Your Venmo payment account. Your Bitcoin wallet.

You may own more digital assets than you realize. In fact, estimates suggest that the average Canadian has digital assets with a stored electronic value of approximately $10,000 (See Noor Ibrahim, “Does your social media profile belong in your will? Why Canadians should plan their ‘digital inheritance’ now” (26 Nov 2021)). But what happens to your digital assets if you die or become incapacitated? Who has the right to access your digital assets? And what can be done if an online service provider in another jurisdiction denies access?

“Nine-Tenths of the Problem”: Abolishing Adverse Possession in Alberta

By Stella Varvis

On August 27, 2021

In Law Reform, Property

By: Stella Varvis

PDF Version: “Nine-Tenths of the Problem”: Abolishing Adverse Possession in Alberta

Matter Commented On: Alberta Law Reform Institute Survey Results re: Adverse Possession

“Possession isn’t nine-tenths of the law. It’s nine-tenths of the problem.” – John Lennon

The phrase ‘adverse possession’ conjures an old-fashioned, sepia-toned image of outlaw land squatters stealing land from decent, law-abiding folks. Adverse possession has existed in Alberta since the province’s inception. However, the idea that adverse possession rewards a deliberate trespasser and penalizes a registered owner who is forced to give up some of their titled land without any compensation, continues to persist, despite the fact that successful cases are relatively rare.

The End of Adverse Possession?

By Stella Varvis

On September 10, 2019

In Property

By: Stella Varvis

PDF Version: The End of Adverse Possession?

Report Commented On:Alberta Law Reform Commission, Adverse Possession and Lasting Improvements to Wrong Land, Report for Discussion No 33 (July 2019)

Squatters. Land rustlers. Property pirates.

No matter how you describe it, the law of adverse possession suffers from a public perception problem. Many Albertans believe that adverse possession is an affront to their real property rights, or that that it simply shouldn’t exist within a Torrens land titles system. Despite the fact that adverse possession has existed in Alberta since the province’s inception – and that successful cases are relatively rare – the idea that adverse possession rewards a deliberate trespasser, and penalizes a registered owner who is forced to give up some of their titled land without any compensation, continues to persist.