The appellants, who negotiated a tax rebate from the Government of Manitoba on behalf of several Indian bands, sought to garnish the settlement funds before judgment to secure their contingency fees.
The respondent bands argued the funds were protected from attachment under sections 89(1) and 90(1)(b) of the Indian Act.
The Supreme Court of Canada dismissed the appeal, holding that the funds could not be garnished.
While the Court split on whether 'Her Majesty' in section 90(1)(b) includes the provincial Crown, the majority concluded that either the funds were protected by the Indian Act or the provincial Garnishment Act did not apply to the Crown in these circumstances.
