The respondent was injured in a motor vehicle accident caused by the negligence of her husband, who was driving a car owned by her father.
At the time of the accident, the Married Woman's Property Act barred spouses from suing each other in tort, and the Insurance Act excluded insurer liability for bodily injury to a spouse.
These provisions were repealed by the Family Law Reform Act, 1975 before the action was commenced.
The Supreme Court of Canada held that the repeals affected substantive rights, not merely procedural rules, and therefore did not operate retrospectively.
The appeal by the insurance company was allowed, and the actions against the husband and the insurer were dismissed.
