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Ee aeeeeneeeeeeeee t C e e T P e C OO ~eevsedi JMNAK*( 30 Colonel Drew warned the mem--| _ "Sir William Meredith, whose re. bers that the parent act was to have | port as a commissioner | was the been a "model of legislative virtue., foundation for the present Work. And now we find that amendments| men's Compensation Act, had this to to it are so extensive that they rep. _ $82Y: 'The procedure for the adjust. the legislation which is now be-- possible dissociated from the regyu-- fore us. ::r coiurttsh of 'law. . . .tTt;'e largest * em in the expense of the prese Up to Treasurer. system--through the ordinary courr:g'; SQC"OH 25, he said, extended the of law--is the expense connected wide powers of a one--man tribunal _ with the adjudication o fclaims. The who can fix values under the act. . jarger portion of this expense con-- Sustnteueoucuummizummis He then rel'nd the sectior} s *"For t:e sists, of course, of legal fees' The * * purposes of any act in force at the same observations might be appli H'h Successnon Du*Y date of death of the deceased, where to a great many instances to I\'vphgig Act Ch.ngg by Which the deceased died prior to the 22nd | | the gentlemen of the Bar refer." 5 ities C | ts d day of September, 1939, the fair| | _ "I would say to these gentlemen," ecurities Ev a |u a t e market value of any security which said the Aattorney--General, "that hnadiii--eapnineanink is not listed on any stock exchange they would be performing a greater + or on which no price or quotation | | public service if they would devote' ASKS COURT REVIEW is obtainable from financial journals, their efforts in co--operating to im-- en eaie er e ienss recognized financial reports or regis-- prove, expedite and make less ex-- ' tered brokers, or of any business or pensive the administration of jus-- In a broad appeal for support Of _ of any interest in any business shall | | tice." democratic principles in legislation, be the value determined by the Conservative Leader Drew charged Treasurer, and such value shall be yesterday in the Legislature that _ @femed to be the fair market value . of such security, business or inter-- passage of the proposed amend-- est and shall not be subject to re-- ments to the Succession Duty Act view by any court, notwithstanding was equivalent to rescinding Magna a'\g'thing 'contained in this or any j 'chts other act.' Carta and the ?311! of }?lkht§° "I wish you would read Section} Colonel Drew's attack was cen-- 25 carefully," said Colonel Drew, | tred particularly on Section 25 of "to see how necessary it is to listen the bill, which provides for the de-- 'sn U&O argumegt of the merpbelr for 4 t. George and to restore in legis-- terminati.on by the Treasu'rer of fair lallon the principles of Maghns market value of securities in Old °-- @Garta and the Eill of Rights." estates. He stressed to Attorney-- HMe claimed that no one would General Conant, who moved the more vigorously protect the right 4 of the State to collect succession bill into second reldlng.' tth h'c duties than himself, but he would, was not imputing bad faith in his #% criticism. at the same time, "give the right | "But I believe very strongly that of any man to access to the courts." ' % the House is gcetting away from Mr. Conant, in reply, claimed that democratic prinpipl(-s_" he -- added. the Dominion War Tax Act, "which "because a one--man tribunal has the affects more people in the aggre-- right to fix values '"d'_"'f" 'dccl- gate than the one with which we :::::'tifi not subject to review by the are now deualing," gave the Federal The Conservative Leader's plea for minister full power to determine appeal powers opened wide the de-- values. :'ilte tofl'lcof"tl:flss '{hf roc?mmcha- If the way was opened to the ons for right of court review which were made by the members courts for appeal, because of the of the Ontario Section of the Cana-- _ COst and compiicated procedures, a dian Bar Association at last week's 'large number of persons would be meeting at Windsor. denied access to the courts, argued After the bill passed second read-- Mr. Conant. Ing, with Opposition members giv-- He then ieferred to the bar asso-- ing ready indication of their inten-- clation reso'utions and, in theory, tion of attacking the measure in agreed with their backers. "But in committee stage, Premier Hepburn practice," said Mr. Conant, "it would warned the House that it was the, |be difficult, ir not impossible, to most complicated of all Ontario's| |administer the affairs of the Prov-- taxes. , |Ince with the many new and com-- "We want you," he said; address.| |Plex problems that have arisen in Ing the Opposition, "to give it a recent years if every decision' or thorough discussion. We want to |Tuling were subject to review by make it as letter--perfect as pos-- the courts. The whole machinery of sible." go:l'erndu'nentrl wouli:l1 t.her:tt?:' be tdl(i)tgi- FPresent New Section. ::":n'f-- enu 9P monkee 0 Mr. Conant outlined the principal "It is perhaps unnecessary to amendments to the parent bill, 'add," continued Mr. Conant, "that which was passed at the special . the delays and expense of litigation September session of 1939. \ _ lare what make recourse to the Under Section 23, with which it isl | courts impossible in many cases. proposed to amend Section 47 of the| |Take for example the Workmen's parent act ---- the part which wasl Compensation Act. That law was claimed to fall short of the powers :set up principally on account of the required by the Treasury to collect| ~| fact that a workman was practically duties from old estates--provision | i deprived of his rights under the old f is made for the collection of unpaid| |system because he had not the duty based on the law in force at| -- means to enforce a claim through the date of death. ! 'the courts of law with all the ex-- "The whole plan under that sec--| _ pense and delays that would be in-- tion," said Mr. Conant, "is to pre--e: _ volved. serve the principle that the liability for duty shall be entirely determined by the law in force at the date of death, where the deceased died be-- fore September, 1939. Under Section 23, upon the investigation® of any estate, the question of whether or not any further duty is owing to the Province will be determined ac-- cording to the law at the date of death, so that any duty which should have been paid according to that law and remains unpald may be col-- lected, together with appropriate interest and penalties."