This motion arose from the Respondent's dispute to the Applicant's garnishment of his bank accounts and income.
The garnishment was for a $16,100 payment conditional on the Respondent receiving specific income tax refunds, which had not yet occurred.
The Respondent sought the return of garnished funds, payment for credit charges, a formal apology, and costs.
The court found the garnishment premature, ordered the return of all garnished monies to the Respondent, and awarded the Respondent $5,000 in costs against the Applicant.
Requests for an apology and credit charges were dismissed due to lack of authority or evidentiary support.
The court also declined to award costs personally against the Applicant's counsel, applying the "extreme caution" principle.
