This Act abolishes several private-law actions related to marriage, spouses, children, and servants, and it limits one deceit claim in sham-marriage situations.
The Equality of Status Act, C.C.S.M. c. E130 bilingual version (HTML) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Alienation of affection 1(1) No action shall be brought (a) for criminal conversation; or (b) for enticement or harbouring of a spouse; or (c) for loss of consortium of a spouse; or for damages arising therefrom or from adultery. Restoration of conjugal rights 1(2) No action shall be brought for restitution of conjugal rights. Certain actions by parents abolished 2(1) No action shall be brought by a parent (a) for the enticement or harbouring of a child of the parent; or (b) for seduction of a child of the parent; or (c) for a loss of service of a child of the parent arising out of the seduction or enticement of the child; or for any damages resulting therefrom. Action for seduction of servant abolished 2(2) No action shall be brought by a master or employer (a) for seduction of a servant or employee of the master or employer; or (b) for loss of service of a servant or employee of the master or employer resulting from the seduction of the servant or employee; or for any damages resulting therefrom. Jactitation of marriage — abolished 3 No action shall be brought for jactitation of marriage. R.S.M. 1987 Supp., c. 16, s. 3 . Breach of promise to marry — abolished 4(1) Subject to subsection (2), no action shall be brought for a breach of a promise to marry or for any damages resulting therefrom or for breach of warranty of capacity to marry or for deceit based upon a fraudulent promise to marry. Sham marriage 4(2) An action for deceit may be brought where as a result of the deceit the plaintiff was led to believe there was a valid marriage to the defendant but the marriage was bigamous or a sham. R.S.M. 1987 Supp., c. 16, s. 3 . Recovery of gifts 5 Where one person makes a gift to another in contemplation of or conditional upon their marriage to each other and the marriage fails to take place or is abandoned, the question of whether the failure or abandonment was caused by or was the fault of the donor shall not be considered in determining the right of the donor to recover the gift. R.S.M. 1987 Supp., c. 16, s. 3 .