Hilary Claire Book

The appellant appealed an order allowing the respondent estate to garnish his partnership income to satisfy a debt.

The Court of Appeal upheld the garnishment but addressed a new issue raised on appeal regarding whether partnership income is protected under the Wages Act.

While finding that partnership income is not 'wages' under the Act, the Court held that equitable jurisdiction allows for the reduction of garnished amounts to protect self-employed income for living expenses.

The appeal was dismissed, but the issue of protecting the partnership income was remitted to the Superior Court.

The appellant, 407 ETR Concession Co., appealed a decision declaring it lacked statutory authority to charge tolls to the respondent trailer rental company when its trailers were towed by tractors owned by others.

The Court of Appeal allowed the appeal, holding that a trailer is a 'vehicle' under s. 13(1) of the Highway 407 Act, 1998, and that a towed trailer is 'operated' on the highway.

The court applied the modern principle of statutory interpretation, finding that reading the Highway 407 Act harmoniously with the Highway Traffic Act supported this interpretation.

The court also set aside the application judge's order for an accounting.

The appellants appealed a partial summary judgment granted by the motion judge in a franchise dispute.

The Court of Appeal found no error in the motion judge's decision, noting the evidence in the record and the absence of any contrary explanation from the franchisor.

The appeal was dismissed with costs.