Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Adult Guardianship and Trusteeship Act

8 Validity of adult interdependent partner agreement

Current to 2019-09-01 · Official PDF

(1) An adult interdependent partner agreement is invalid if
(a) one of the parties was induced by fraud, duress or undue
influence to enter into the agreement,
(b) one of the parties lacked the mental capacity to understand
the nature of the agreement,
(c) the parties were neither living together nor intending to live
together in a relationship of interdependence when the
agreement was entered into, or
(d) one of the parties was prohibited by section 7(2) from
entering into the agreement.

ADULT INTERDEPENDENT
(2) A person who
(a) purports to enter into an adult interdependent partner
agreement in circumstances in which the person is
prohibited from doing so by section 7(2), or
(b) induces another person to enter into an adult interdepende nt
partner agreement with the person in circumstances referred
to in subsection (1)(a),
is liable in damages to compensate the other party to the adult
interdependent partner agreement for pecuniary and non-pecuniary
loss and costs incurred as a consequence of the invalid adult
interdependent partner agreement.
(3) A person who uses an adult interdependent partner agreement
to claim an adult interdependent relationship with another person
knowing that the agreement is invalid is liable in damages to
compensate a person who is not a party to the adult interdependent
partner agreement for pecuniary loss and costs incurred in reliance
on the invalid adult interdependent partner agreement.