Times-Advocate, 1981-06-10, Page 2Pope 2
Times -Advocate, June 10, 19$1
F of A hears about new family
By Rhea Hamilton
While farm wives have
been working alongside their
husbands for years as
partners that contribution
has not been recognized as
such until the recent change
in the Family Law Reform
Act
Lawyer Gay Stewart
pointed out to Huron Federa-
tion Agriculture members
Thursday evening that in the
past if a wife did not have
her name on the deed then
the court. at time of separa-
tion. would have to deter-
mine the intent of the couple
towards sharing the farm.
But the courts were hard-
pressed to split the family
assets this way and would
extend that assumed inten-
tion but it was too flexible.
In 1975 the Ontario
legislature acted to
recognize marriage as a
CLOTHING BARGAINS — Margaret Greenlee, Mary Davis and Eileen Carroll check out
some of the clothing on display at Saturday's rummage sale sponsored by the Saintsbury
ACW. T -A photo
Bill Leney is president
Lung association elects
Lung disease in Ontario
will increasingly be caused
by marijuana smoking and
by occupational and en-
vironmental hazards, the
executive director of the
Ontario Lung Association
says.
Ross Reid told the annual
meeting of the Huron -Perth
Lung Association in Strat-
ford May 27 that 20 years of
heavy tobacco smoking does
less lung damage than one
year of heavy daily
marijuana use. Saying that
while it's sad to see a 55 year
old smoker disabled, Mr.
Reid predicted a higher
incidence of younger people
will be disabled by
marijuana smoking "We
haven't seen anything yet."
The director told Huron
Perth volunteers the Ontario
office is designing more
aggressive environmental
and occupational health
programs and putting a
priority on public education
programs.
The history of the group
which began in 1945 as the
Ontario Tuberculosis
Association, he said. is one of
change and adapting to
the public's needs. Once TB
was under control the group
focussed on the prevention of
other respiratory diseases
and stop smoking programs,
and became the Ontario
Lung Association in the early
'70's.
Tobacco smoking is still a
problem but Mr Reid said
public opinion is shifting and
"in five to ten years we may
work ourselves nut of a job "
Because public support is
essential for the Lung
Association's programs, the
director said other fund
raising events besides the
annual Christmas seal
campaign ("the backbone"
of financial support, he
called it) are being
developed, including the
selling of holly at Christmas
and a spring campaign in
1982.
Mr. Reid was introduced
by Helen Pletsch of Mitchell
and thanked by Rev. Ted
Nelson of Avonton.
Wm. Leney of Stratford
was elected president of the
local lung association,
succeeding Wm. Kinahan of
RR 2, Lucknow. New vice-
presidents are Michael
Connolly, RR 2. Kippen. and
Mr. Nelson.
Other executive members
are: Financial Advisor -
Harold Bartman, Stratford;
Committee Chairmen:
Medical Advisory - Dr.
Douglas Thompson. Strat-
ford; Health Education -
Eileen Beauchemin,
Goderich; Community
Services - Jean Cann,
Exeter; Alice Green,
Stratford and E. Doyle.
Dublin, Christmas Seal -
Edith Brothers - Stratford;
Public Relations - M. Dodds -
Stratford.
Other Executive Council
Members are: Dr. David
Tamblyn - Stratford. Eileer
O'Brien - Goderich; Paul
Ross - Stratford; Catherine
Walsh - Goderich; Edith
Fisher • Mitchell; Helen
Pletsch - Mitchell; 'Joyce
Pratt - Listowel; Donald
Crowley - Gadshill ; P.
Beauchemin - Goderich; Art
Dunsmore - Stratford; Carol
Bowker • Clinton; David
Wall - Stratford; Jackie
Davis - Stratford; Paul
Smith - Stratford; Janet
Campbell - Stratford;
Gordon Richardson - Clin-
ton; Ivan Forsyth -
Egmondville; Elaine Wood -
Stratford, and Susan White -
Seaforth.
The Huron -Perth Lung
Association met its 1980
Christmas seal goal of
150,000 and other income
brought the year's total to
159,674. Expenses, including
114.667 on health education
and research and general
support for the Ontario and
Canadian Lung Associations
totalled 156,778.
partnership and ruled that
materials acquired during
the marriage be shared.
Miss Stewart gave some
interesting situations and
pointed out how they would
be handled under the new
family law reform law.
The courts try to avoid
windfall benefits. Her ex-
pample: "a sweet young
thing marries an older es-
tablished farmer and after
two months leaves and sues
for half of his $300,000
farm."
In a case like that the
court would look at what
valuable assets she brought
into the marriage and gauge
their response by that. Other
assets include contents of
the home, vehicles. cottage.
with the emphasis on the
matrimonial home. But on
the matter of acreage. the
act is vague Miss Stewart
pointed out.
A hobby farm of 50 acres
could be declared full
matrimonial home and
divided.
If a woman contributes to
the actual work on the land
or barn while still main-
taining her home (house)
duties she could still be en-
titled to part of say the 400
acres of land around outside
of the matrimonial home.
While everything is divid-
ed equally the act is flexible
to avoid inequalities.
"We start at a 50-50 basis
instead of with nothing."
said Miss Stewart. Items
like farm equipment. per-
sonal investments or
valuable hobbies could be in-
cluded in the non -family
asset category and in that
case there is not an
automatic 50-50 split.
Miss Stewart cited the
Murdoch case where the
wife worked beside her hus-
band and received nothing in
settlement. As a hired hand
she would have been paid but
as a wife she worked for
nothing. This extreme case
led to fairer settelements.
But the courts have eased
back and judges are now
looking for a substantial con-
tribution to the farm before
awarding assets to the
spouse.
Spouses also have what is
termed a right of possession.
While their name might not
be on the deed they still have
the right to the matrimonial
home until they give up the
right or the court decides
they no longer have the
right.
The home cannot be
mortgaged or sold without
the consent of the spouse and
it is very difficult to lose this
right as it is laid out in the
act.
Marriage contracts are
not as popular as we are led
to believe. Miss Stewart
pointed out that in the law
firm where she works only
six marriage contracts have
been written in three years
by the seven lawyers who
work with her. While you
can't contract out custody of
children you can determine
ownership of your material
assets. The contracts only
valid between married
spouses and is used to deter-
mine how the property and
assets are split
"Primarily the contract is
used in second marriages to
protect the first family."
said Miss Stewart.
In any situation where a
young farmer marries and
his wife is not interested in
farming a contract could be
used to protect the farm
with a stipulation that after
five years the contract be
automatically void
"But how romantic is it to
sit down and decide who will
get what before the
marriage is complete oreven
after?" said Miss Stewart.
While custody and support
in common-law
relationships is taken into
consideration in the Family
Reform Act property is not.
"But courts are looking at
common-law situations
differently." Miss Stewart
said.
"It is wise that we all
know where we stand on a
LUNCH TIME — Christopher
McDonald appears to be
ready for lunch at Friday's
garage sale at Trivitt
Memorial Church. T.A photo
LOCAL ENTERTAINMENT -- Marg Johnston and Julie Easterbrook presented musical
erterto,nment at Wednesday's meeting of the Huron Cancer Society. Above, the ladies chat
with Huron president Ross McDaniel. T•A photo
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law reform
basic situation," Miss
Stewart explained. "What
happens depends on you but
the courts try to be flexible
and give basic rights to both
men and women."
The audience. composed
half of women. asked
questions concerning
bankruptcy. divorce. and
liens on property.
On the matter of
mechanics' lien Miss
Stewart said that if you are
having contract work done
you are entitled to withhold
15 percent of payment until
37 days have passed. That is
an insurance against liens
placed upon your home or
property.
The example used was a
case where a couple had cup-
boards installed in their
home and paid the contrctor
the full bill.
Before the 37 days had
passed the supplier of the
cupboards to the contractor
slapped a lien on the couple's
home for his bill. The
supplier can only recover 15
percent from the couple
even though they paid the
contractor in full. Therefore
withholding the 15 percent
from the contractor saves
them from additional costs
if the need arises.
If more than one supplier
is involved the couple would
still only pay 15 percent and
let the suppliers divide it up
their own way. "The law is
very exact and there are
definite time limits in which
to file and after that the
liens are invalid."
On a question of how much
debt a wife is responsible for
Miss Stewart said if the hus-
band goes bankrupt the wife
should follow suit at clear
the liabilities. If she is work-
ing the bank could sue her or
garnishee her wages for the
uncleared debt.
Miss Stewart has been
practising law for two years
with the firm of Mountain
and Mitchell in Stratford.
Gerry Fortune. president
of Huron F of A. reported on
the meeting in Toronto that
day with members of the
federal and provincial
governments to discuss
economic problems facing
Ontario farmers. Mrs. For-
tune noted that 1.100 attend-
ed the meeting while 500 had
been expected. She gave
short comments on the
speakers and said Premier
Bill Davis, Ontario said
nothing, along with federal
ag minister Eugene Whalen.
OFA president Ralph Barrie
chaired the meeting and
opened with the comment
that the farmer's greatest
blunder was to go on produc-
ing for those who don't care.
Brian Ireland, president of
the Bruce Federation, spoke
on his own personal farming
situation and caught the
attention of the media quick-
ly said Mrs. Fortune, with
"We are not mushrooms to
be kept in the dark and fed
horses..."
Elaine Pym. Agricrew
co-ordinator, outlined the
program for workers and
Female lawyer speaks
regulations
asked farmers to consider
hiring teams to do some of
the work around the farms.
For $90 per day a crew of
four will do everything from
picking stones and mending
fences to haying and this
year they will be able to take
feed and soil samples. For
more information phone the
OMAF office, Clinton.
Ontario Hydro has finally
released its report on pro-
posed hydro corridors and
Tony McQuail drew up a
resolution asking the OFA
to request the government to
have Hydro adjust its
timetable for the report. The
report was initially to be
released last fall. Hydro and
government have been en-
couraging public input into
the study and are proposing
all material to be in by
September. Mr. McQuail
BARGAIN HUNTERS — Jennifer and Michael Heywood
were two of the youngest customers at Friday's yard sale
sponsored by the ACW of Trivitt Anglican Church.T-A photo
pointed out that summer be-
ing the busiest time of the
year for the farming com-
munity it would be difficult
for farmers to get together
to study the report and give
their input.
Because the report was so
long in being released Mr.
McQuail felt the rush for the
results could be delayed.
Obituarles
MAXWELL TURNBULL
At South Huron Hospital,
Exeter, Wednesday, June 3,
1981, Maxwell (Max) Turn-
bull, husband of the late Ida
Webb (1976) in his 91st year.
Dear father of Ella (Mrs.
Lloyd Lamport) of Crediton,
Dr. Robert Turnbull of
Walkerton, Jack of Sombra,
Fred of New Orleans. Also
loved by 5 grandchildren and
2 great-grandchildren.
Rested at the T. Harry
Hoffman and Sons Funeral
Home, Dashwood, where a
Masonic service was held by
Lebanon Forest Lodge,
Number 133, Thursday
evening at 7:30 p.m. Funeral
services on Friday, June 5 at
3 p.m., Reverend W. Moore
officiating. Interment in
Grand Bend Cemetery. Mr.
Turnbull was a 50 year
Lodge member having
farmed on the Blue Water
Highway for many years and
also served' as a Hay Fire
insurance agent.
Pallbearers were Carl, Allan
and Ed Turnbull, Elgin
Hendrick, Larry Luther and
Lloyd Fahner.
RALPH HUGHES
On Monday, June 8, 1981,
Ralph Douglas Hughes, of 25
Kalisch Drive, Exeter at
South Huron Hospital,
Exeter. Survived by his wife,
Margaret Hughes, a
daughter, Margaret E.
Hughes, Pacific Palisadas,
California and a sister
Constance Cameron, Exeter.
The Hopper -Hockey Funeral
Home was in charge of
arrangements and
cremation.
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Arnel Lining
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