The Exeter Times-Advocate, 1975-05-22, Page 28 (2)By JACK RIDDELL M.P.P.
A Bill to reform certain laws
founded upon marital or family
relationships was introduced in
the Legislature. On its in-
troduction the Minister of the
Attorney General, John Clement.
said that much of the existing
family law is based upon a social
and economic environment which
no longer exists.
The law Is patronizing towards
womenand it contradicts the fact
that they are individuals first and
not satellites of their husbands.
Mr. Clement said that although
courts in Ontario have gone a
considerable distance toward
attaining equitable results in
specific cases, the legislation
which forms the basis for much of
our family law must itself be
revised in order to reflect our
present social and economic
environment.
The main objective of the new
legislation is the preservation of
individual legal rights within a
marriage. It is designed to create
a co -equal status for married
men and women. Both women
and children will have important
new rights under the Act.
.The Act grants full legal
capacity to married persons.
Both spouses will have the right
to legal recourse against the
other as if they were not married.
At present. a husband may not
sue his wife in tort. A married
woman may sue her husband in
tort for the protection of her
property but not for personal
injuries.
The Act gives married women
the general right to act as
guardian for an infant in a law
suit. Presently this right only
applies in' several specific areas
such as adoption and affiliation
proceedings. An important
clarification will be made
regarding the contribution of
work. money or money's worth
which one spouse makes to the
property or business owned by
the other.
In the absence of an agreement
between them. the contribution
will he treated as if made by one
individual to another outside of
marriage. The fact that the
couple is married will not be
Introduce new family legislation laws
permitted to affect the claim of
the contributor to part of the
property. This clause confers no
new right to share in property
owned by a spouse. It prevents
married status from interfering
with a claim.
In a case such as Murdoch vs
Murdoch, the court would then
treat a spouse in the same way as
a third party who had made a
contribution to a property or
business. The question of con-
ferring positive rights to share in
family property is presently
being considered, a further stage
in the continuing reform of
family law.
The new Act Mr. Clement said
creates a presumption of trust
where property belonging to one
spouse is received by the other.
Unless there is proof to the
contrary, the property is deemed
to be held in trust for the other.
Title taken in joint tenancy and
bank accounts or common funds
in the names of both husband and
wife are excepted. In these cases,
the law will presume that the
property is held in joint tenancy,
whatever the contributions.
Liability for married women
will also be changed. Under the
present law, a married women is
not personally liable for damages
arising out of a breach of con-
tract. Her liability is limited to
the value of her "separate
property". A married man's
capacity to incur contractual
liability is. however, unlimited as
will a married woman's under
the new Act.
.A wife will retain the right to
pledge her husband's credit for
necessaries.
The Act also clarifies the law in
favour of recovery for pre -natal
injuries.
Under the new Act insurers will
no longer be exempt from
liability to the insured person's
spouse or children. The insurer
will not be liable for bodily injury
or death of family members of
the policy holder. Mr. Clement
said that the Superintendent of
insurance has been consulted and
assurance has been given that
this change will not result in
higher insurance premiums.
New franchising guidelines
have been announced by the
Government for gasoline
retailers and service station
operators. Consumer and
Commercial Relations Minister
Sidney Handleman, informed the
Legislature that the guidelines
establish clear definitions for
terms of leases, clarify rights of
operators to sell other brands and
set up review procedures within
each petroleum company to
settle disputes.
A new system of classifying
Ontario's driver's licences is to
be initiated this fall. This change
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will not affect most people who
now have licences, but new
drivers and people who wish to
drive vehicles in different
categories will be retested under
the new arrangements.
The current operators' and
chauffeurs' licences will
disappear, to; be replaced by a
basic drivers' permit and 89 other
categories of licence. A school
bus driver will need a school bus
operators' permit and a transport
driver will need a transport
licence.
New road testing procedures,
written tests for the rules of the
road, and health standards are
now being drawn up and the basic
permit will allow a person to
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CARPETING
drive a vehicle or combination of
vehicles (such as a car and
trailer or camper truck) up to a
gross weight of 18,000 pounds.
For commercial drivers'licences
the classifications will be mainly
according to weight, size and
passenger capacity.
Most people will simply get
new licences through the mail for
the category of vehicles they are
now driving, and the Government
is allowing a year for conversion
to the new system.
Huron County had several of
their Experience 75 projects
approved by the new Ministry of,
Culture and Recreation.
"Outdoor Experience" a
project by Seaforth recreation
•
committee which will provide an
outdoor day camp experience to
children 6 to 14 years of age, will
receive an amount of $3,000.
Vanastra Playground and
Fitness Program, a project of the
Vanastra Recreation Centre, will
receive the amount of $2,835, the
Ministry's share of the project.
The purpose of this project is to
provide playground activites for
the children and fitness activities
for older age groups in the
Vanastra community.
Zurich Recreation and Com-
munity Centre Committee will
receive $1,050 for the Summer
Recreation Program. This
program is to provide a summer
program of recreation activities
ern
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Look For Other Unadvertised Specials
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for children 5 to 15 years of age.
Exeter Recreation Arena and
Parks Committee for their
project "Creative Playground
Program - In Action," which is
aimed to develop the creative
play concept in the playgrounds
will receive $2,100.
' Goderich Sailing Club through
their project to provide youth
with competitive sailing in-
struction, water safety in-
struction and water safety patrol
training at the Goderich harbour,
will receive assistance to the
amount of $2,160.00.
The Huron Country Playhouse
will be assisted to the amount of
$3,600 in their project to establish
a young people's regional theatre
touring program for children,
shut-ins, senior citizens and the
under -privileged.
The Minister of Housing,
Donald Irvine, has announced
new measures to give greater
protection to "resource lands"
but relax restrictions regarding
lot size and intra -family sales.
The new policy, which he
proposes to implement by
November 1, will give regional
planning boards or local land
division committees the right to
approve much smaller
severances - of one acre or less -
in areas where the local boards
feel they will not be objectionable
and where they will meet new
provincial guidelines.
Under the new guidelines, yet
to be formally drafted, farmers
would be able to sell un-
conditionally parcels of their
farms in any class of agricultural
region to their employees or, to
relatives who want to build a
residence on the lot, or to provide
a home for retiring farmers, or to
"infill" a vacant lot in an existing
hamlet.
In areas with less desirable
agricultural land, sales would
also be permitted to any pur-
chases as long as the subdivisions
comply with local planning goals
or official plans.
Apparently the Ontario
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Government is trying to mislead
the public about its $15 million
day-care building program, and
in fact has made no substantial
commitment to day-care in
Ontario. The Government has
admitted that the $15 million will
not be spent in one year, but over
three years, and that this year
only $1 million extra has been put
aside for the purpose of day-care
capital grants, to provide spaces
for only 400 children. The $15
million was announced last year,
and has been allocated, but it is
unlikely to be spent for up to
three years.
With last week being Police
Week in Ontario, may I express
my congratulations and ap-
preciation to the staff of the
Provincial and Municipal Police
Departments in Huron for the
excellent services which they
have provided over the past year.
I know the people of Huron would
want to join me in paying tribute
to the Police Departments
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With every order this week of
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Exterior Shutters
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HOME CENTRE NEAR YOU:
AMHERSTBURO 736.2151
ExETER 235-1122
000ERICH 521-1321
DRANO BEND 234.2314
HARROW 731-2221
KINCARDINE 316.3403
KINOSVILLE 733.2311
KITCHENER 741.6371
549 Fairway Road South
OWEN SOUND 376-3161
RIOOETOWN 874•S46S
SOUTHAMPTON 787.3245
THEOFORD 246.4981
WEST LORNE 766-1520
WINDSOR EAST 727.6001
Tecumseh Bypass, Hwy. 2
WINDSOR WEST 731.1221
S00 Front Road In LaSalle
KITCHENER Out -of -town Call Free of Charge: t -SOO-265.8990 or B991
REGULAR HOURS:
Mon. thru Fri. 8:00 a.m. to 5:30 p.m.; sat. till 4:00
KITCHENER, WINDSOR EAST 8 WINDSOR WEST BRANCHES OPEN
FRIDAY TILL 5, SAT. 1IK 5:30 P.M.; Grand Bend, Thedford, West
Lome, Exeter and Southampton Mon. -Fri. 1111 5:30 Sal. till Noon.