Barrie Historical Newspaper Archive

Barrie Examiner, 9 Jun 1978, p. 18

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18 the oxamlnor Frldy Juno 1978 Honored LieutenantColonel Frank McEachren of Toronto who is senior AidedeCamp to On tario Lieutenant Governor Pauline McGibbon has been honored by the Queen Buckingham palace says the Queen has made McEachren com mander in the Royal Vic torian Order for per sonal services to the sovereign CP Photo interest award for woman TORONTO zCP An On tario Supreme Court judge rec ogiized womans contribution to the home in decision Wednesday by awarding her onequarter interest in her hus bands $180000 property in vestment In ruling on the property dis pute between Ruth and Abe Sam Silverstein Toronto couple who separated in 1975 after 35 years of marriage Mr Justice Patnck Gailigan said Mrs Silverstein had con tributed to the acquisition of the property by assuming the major share of child care and household management That assumption enabled Mr Silverstein to devote more of his time to working in his tnsiness than would have been possible had he been required to assume his full share of the time and effort that goes into child care and household man agement the judge said in written decision Therefore his ability to earn money to acquire assets was substantially increased The judgment was one of the first made by high court judge on Ontarios Family Law Reform Act which went into ef fect on March 31 The act sets out new rules for property rights and sup rt ob ligations between coup as who are splitting up In property disputes family assetssuch as the matrimonial homeare to be split equally between the spouses unless court decides it would be inequitable to do so N0 PRECEDENTS Noting that he had no prece dents for guidance in deciding 11 Mrs Silversteins claim to share in her husbands business holdings Mr Justice Galiigan said there now is recognition that the spouse who assumes the major responsibility for child care and household man agement allows the other spouse to acquire property that may not be family assets The assumption of that re sponsibility shall where appro priate be recognized in mate rial way The udge also recognized Mrs Si versteins work in her lusbands furniture company by awarding her another one quarter interest in her husbands property making her 50percent owner in the property He also ordered the couples luxury home to be sold and profits split fiftyfifty between the two saying it was unrealis tic for Mrs Silverstein 62 to continue to live there alone Under the act the house is family asset and must be di vided equally between the spouses regardless of who happens to be the legal owner the judge said The house had been in Mrs Silversteins name and her law fir had argued it was given to ras gift from her husband CASE CLASSIC it is the classic case where the wife contends that gift of matrimonial home was made to her by her husband and the lusband contends that he put it in his wifes name so that the poperty would be safe from the grasp of creditors should he ever experience business rever ses in the future the judge said He said the new legislation was designed to end the arti ficial exercise of trying to de termine true intention of couples they marry He said he interpreted the word gift to mean gift from someone other than the spouse Even if the legislation did not mean to exclude gift from the spouse the judge said it was fair in this cafie tgegivide ale rty equa ause gotflees had contributed to it in the traditional manner ears Spectacular Values for Gardeners 50 off original price On existing Nursery Stock Hurry in for the best selection GARDEN CENTRE Get kite for high flying fun Made of durable plastic Save 32 on 25 Dragon Klte 99 Easy to fly Made of dprable plastic 25 Dragon Kite Buy now Selec straps 9932 295 to 450 An assortment of mens and ladies watch straps Leather and corfam style t¥on of watch Save 50 off stock of hassocks 4491499 999 to 2999 off our remaining stock of hassocks styles from 15 round to storage TOYS DEPT Reg 899 TOY DEPT NOW JEWELLERY DEPT DRAPERIES 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