The garnishee appealed a motion judge's order requiring it to pay 100 percent of the compensation it paid to the debtor to the creditor, until the creditor's judgment was satisfied.
The Divisional Court allowed the appeal, finding that under s. 72 of the Wages Act, 80 percent of a person's wages are exempt from garnishment.
The order was varied to require the garnishee to pay 20 percent of the debtor's compensation to the creditor, while 100 percent of any non-compensation debts or shareholder distributions remained subject to garnishment.