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HomeMy WebLinkAboutZurich Citizens News, 1975-05-22, Page 2PAGE 2 ZURICH CITIZENS NEWS A Bill to reform certain laws founded upon Marital or Family Relationships was introduced in the Legislature. On its introd- uction the Minister of the Attor- ney 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 women and it contradicts the fact that they are individuals first and not satellites of their husbands. Mr. Clement said that althougl 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 object- ive of the new legis lation is the preservation of individual legal rights within a marriage. It is designed to create a co- equal legal status for married men and women. Both women and children will have import- ant new rights under the Act. The Act grants full legal capac- ity to married persons. Both spouses will have the right to legal recourse against the other as if they were not marr- ied. At present, a husband may not sue his wife in tort. A marr- ied women 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 segeral specific areas such as adoption and affil- iation proceedings. An important clarification willbe made reg- arding 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 be treated as if made by one individual to another outside of marriage. The fact that the couple is married will not be 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 hal made a contribution to a proper- ty or business. The question of conferring 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 excep- ted. In these cases, the law will presume that the property is held in joint tenancy, whatever rhe contributions. Liability for married women will also be changed. Under the present law, a married woman is not personally liable for dam- ages arising out of a breach of contract. Her liability is limited to the value of her "separate property." A married man's cap- acity to incur contractual liab- ility 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 now be laible for bodily injury or death of family memb- ers of the policyholder. Mr. Clement said that the Superint- endent of insurance has been consulted and assurance has been given that this change willnot result in higher insurance prem- iums. New franchising guidelines have been announced by the Government for gasoline retailers and service ststion operators. Consumer and Commercial Rel- ations Minister Sidney Handle - man, 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 drivers° licences is to be initiated this fall. This change will not affect most people who now have licences, but new drivers and people who wish to drive vehicles in differ- ent categories will be retested under the new arrangements. The current operators' and chauf- feurs' 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 bas- ic permit will allow a person to 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 and 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. 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