Manitoba Committee Hansard — 14 June 1977 (Private Bills Committee, Sitting 3, 30th Legislature, 4th Session)

30-4-pb3

Manitoba — Debates (Hansard)

Legislative Assembly of Manitoba HEARING OF THE STANDING COMMITTEE ON PRIVATE BILLS Chairman Mr. D. James Walding Constituency of St. Vital TUESDAY, June 14, 1977 9:30a.m. Printed by P.N. Crosbie -Queen's Printer for the Province of Manitoba Private Bills Tuesday, June 14, 1977 TIME: 9:30 a.m. CHAIRMAN: Mr. D. James Walding MR. CHAIRMAN: Order please. We have a quorum gentlemen. The Committee will come to order. PRIVATE BILLS BILL (NO. 58) -

AN ACT FOR THE RELIEF OF PETER MARTENS MR. CHAIRMAN: We have one bill before the Committee this morning, Bill 58,

An Act for the Relief of Peter Martens. If you recall this was held over from the last meeting. Is the solicitor for Mr. Martens present please? Mrs. Helper. MRS. HELPER: Good morning gentlemen. I wish to inform the Committee that I spoke personally with Mr. John Bergen on Thursday evening and on Friday a copy of both the bill and the petition that was presented by Mr. Martens was served upon Mr. Bergen. I also served the Manitoba Public Insurance Corporation yesterday with a copy of the bill and the petition that was presented by Mr. Martens. When I did speak to Mr.

Bergen he advised me that either he himself would be present or he would have somebody else speak on his behalf this morning, however, to my knowledge he is not here this morning. MR. CHAIRMAN: Thank you, Mrs. Helper. Anyone else present wishing to speak to the Committee on Bill 58? There being none shall we proceed page by page? Page 1-pass; Page 2-pass;

Preamble-pass; Title-pass. Shall the bill be reported? Mr. McGill. MR. EDWARD McGILL (Brandon West): Mr. Chairman, the circumstances that are related here in connection with Mr. Martens' position, are, it seems to me, related entirely to his lack of knowledge of the requirement in respect to the Statute of Limitations. If the Committee finds in favour of this claim, or this bill, it will have great difficulty, I think, in rejecting any other claim by any other person who simply says I was not aware of the law.

My problem here is to accept that as a legitimate reason for setting aside the Statute of Limitations in this matter and, I think the Committee should seriously consider this as to whether or not it is considered a valid reason for providing relief in the case of an applicant who's almost total claim is based upon an ignorance of the law. MR. CHAIRMAN: Any further discussion? Shall the bill be reported? Mr. Petursscn. MR. PHILIP M.

PETURSSON (Wellington): Isn't there some way in which people who suffer ::lam age, with the possibility of suit following, of informing them that it must be done within the terms )f the Statute of Limitations, the time - could it be done through Autopac if there is an injury, things )f that sort, or some other way. Is there any kind of a recommendation that we could make in that jirection and it would eliminate this sort of thing? MR. CHAIRMAN: Mr. Bilton. MR. JAMES H. BIL TON (Swan River): Mr.

Chairman, going along with the thought that has just >een expressed to the Committee, I am at a loss to understand why Autopac, this man was obviously client of theirs and they offered him a settlement, as I recall the remarks that were made earlier, it >eems to me as a government agency, in his interest that they might have indicated that the Statutes )f Limitation existed and assisted him in that direction, as well as in other directions.

As a :onsequence have an open mind on it at the moment, and as sad as the case may be, it seems an .wfullong time has gone by and the legal profession know of this too, and why the contact at such a �te date? MR. CHAIRMAN: Any further discussion? Are you ready for the question? Those in favour that 1e bill shall be reported please raise their hand. MR. CLERK: Three. MR. CHAIRMAN: Those opposed. MR. CLERK: Five. MR. CHAIRMAN: The Motion is lost. Anything further for the Committee this morning? :ommittee rise and report. Committee rise. 19

Document details

Collection	Manitoba — Debates (Hansard)
Citation	30-4-pb3
Type	hansard
Volume / chapter	30th 4th hansardpdf pb3.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4ac44953645db49abb89e12ad28e05b610129789

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