Court File and Parties
CITATION: Royal Bank of Canada v. Sadia Security Solutions Int’l, 2011 ONSC 6992
DIVISIONAL COURT FILE NO.: 486/11
DATE: 20111123
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CHAPNIK, HOCKIN AND HOY JJ.
BETWEEN:
ROYAL BANK OF CANADA Respondent (Plaintiff/Creditor)
– and –
SADIA SECURITY SOLUTIONS INTERNATIONAL INC. Appellant (Garnishee)
Shawna M. Sosnovich, for the Respondent (Plaintiff/Creditor)
John Russell Briggs, In Person
HEARD at Toronto: November 23, 2011
Oral Reasons for Judgment
HOY J. (ORALLY)
[1] Sadia Security Solutions International Inc., the Garnishee, appeals the February 3, 2011 order of the motions judge, Beaudoin J., ordering the Garnishee to pay to the plaintiff, Royal Bank of Canada, $4,000.00 immediately and $2,000.00 per month commencing March 15, 2011 until such time as the plaintiff’s judgment of March 26, 2003 against the defendant Russell Briggs has been paid in full. The judgment was for $110,884.74 plus post-judgment interest.
[2] In his endorsement of February 3, 2011, the motions judge found that monies from time to time paid by the Garnishee to Mr. Briggs were not a loan. We see no basis to interfere with that finding of fact.
[3] If not a loan paid to Mr. Briggs, monies paid were compensation or repayments of other amounts owing. The motions judge was not explicit as to which.
[4] There was in our view no evidence to support a finding that the Garnishee owed specific amounts to Mr. Briggs. It is therefore implicit that the motions judge considered that the amounts were in the nature of compensation and we agree with this.
[5] Pursuant to s.72 of the Wages Act, eighty percent of a person’s wages are exempt from garnishment. The motions judge erred in ordering the Garnishee to pay one hundred percent of amounts paid to Mr. Briggs on account of compensation to the plaintiff.
[6] In the result, the appeal is granted. An order shall issue requiring the Garnishee to, save as hereinafter provided, pay to the plaintiff twenty percent of all amounts from time to time paid by the Garnishee to Mr. Briggs after the Notice of Garnishment was served on it until such time as the judgment against Mr. Briggs has been paid in full. In the event that the Garnishee becomes indebted to Mr. Briggs, other than in respect of compensation or employment expenses, then one hundred percent of any amounts paid to Mr. Briggs by the Garnishee on account of such indebtedness shall be paid to the plaintiff. Similarly, one hundred percent of any shareholder distributions payable to Mr. Briggs by the Garnishee shall be paid to the plaintiff. Expenses incurred by Mr. Briggs in the course of his employment, for example, travel expenses, that are reimbursed by the Garnishee, shall be exempt, from garnishment.
[7] In addition to any rights of examination the plaintiff has at law, the Garnishee shall, from time to time but not more frequently than annually, at the request of the plaintiff, provide a statutory declaration as to all amounts paid to Mr. Briggs and the nature of such payments.
[8] The motion judge’s order of costs is set aside. There shall be no costs on this appeal.
CHAPNIK J.
[9] For oral reasons given this day, the appeal is allowed and the order of Beaudoin J. rendered February 3, 2011 is set aside. Order to go varying the order in the manner set out in the reasons provided orally by Hoy J. The order for costs made by Beaudoin J. is also set aside. No costs of the appeal.
HOY J.
CHAPNIK J.
HOCKIN J.
Date of Reasons for Judgment: November 23, 2011
Date of Release: December 23, 2011
CITATION: Royal Bank of Canada v. Sadia Security Solutions Int’l, 2011 ONSC 6992
DIVISIONAL COURT FILE NO.: 486/11
DATE: 20111123
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CHAPNIK, HOCKIN AND HOY JJ.
BETWEEN:
ROYAL BANK OF CANADA Respondent (Plaintiff/Creditor)
– and –
SADIA SECURITY SOLUTIONS INTERNATIONAL INC. Appellant (Garnishee)
ORAL REASONS FOR JUDGMENT
HOY J.
Date of Reasons for Judgment: November 23, 2011
Date of Release: December 23, 2011