Ian H. Fraser

The appellant appealed a judgment granting the respondent a discharge of a charge upon payment of $25,000 plus interest.

The Court of Appeal dismissed the appeal, finding that the motion judge did not err.

The Court held that the mandatory language of section 93(2) of the Land Titles Act, which requires a charge securing the payment of money to state the principal sum it secures, dictated the result.

The creditor union obtained an order for damages against a corporate debtor for violating a collective agreement.

The debtor subsequently incorporated a new company to evade the debt.

The creditor served notices of garnishment on a garnishee who owed money to the debtor.

The garnishee continued to pay the debtor under its new corporate name, claiming it owed no money to the specific entities listed on the garnishment notices.

The motions judge ordered the garnishee to pay the creditor, finding the garnishee knew the new company was the same debtor.

The Court of Appeal dismissed the garnishee's appeal, holding that under Rule 60.08(16), the court has broad discretion to determine the rights and liabilities of a garnishee and prevent unjust evasion of garnishment obligations.