COURT FILE AND PARTIES

COURT FILE NO.: CV-10-405689
DATE: 20140528

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Taylor-Made Enterprises Inc., Plaintiff

AND:

Lance Reffell and 7112629 Canada Ltd., Defendants

AND:

COMDA, also carrying on business as SOS Marketing, Garnishee

BEFORE: Stewart J.

COUNSEL:
Anthony J. O’Brien, for the Creditor/Plaintiff

Allan Herman, for the Garnishee/Respondent

HEARD: September 24, 2013

SUPPLEMENTARY ENDORSEMENT

[1] In my endorsement of April 17, 2014, I instructed counsel to provide written submissions on costs if that subject could not be agreed to by them. I now have received those submissions.

[2] Counsel for the Garnishee has raised the issue of whether the payments made were “wages” under the Wages Act. The determination of that issue has implications for the amount of the judgment. Mr. Herman submits that the judgment will be for $20,000.00 if the payments are wages, and $100,000.00 if they are not.

[3] The determination of that issue also will have implications for the exercise of discretion in awarding and fixing costs, as proportionality is a factor in so doing.

[4] Accordingly, there are two questions to be addressed by the parties at this point:

(a) Is the issue as to the proper characterization of the payments one that may be determined by the Master on a reference, as noted in paragraph 12 of my Endorsement; and

(b) If not, and assuming that I can decide the issue now, are the payments wages or not?

[5] I would request counsel to confer to determine if they can agree on a position as to the answer to either question. If they cannot agree, they should advise as to whether they wish the issues to be argued in open court or are content in the circumstances to provide written submissions on same. If the latter route is chosen, counsel should provide their submissions within 15 days of today’s date.

STEWART J.

Date: May 28, 2014