Workmen’s Compensation Board v. Bank of Montreal

Workmen’s Compensation Board v. Bank of Montreal

Section 48 does not, by its language, extend the Board's lien to proceeds of sale or moneys payable to the employer; the proceeds of the cants were not 'property... produced in or by the industry' within s.48 and therefore the statutory lien did not attach to the funds paid into court.

Citation
[1968] SCR 187
Parties
Defendant Appellant: Workmen’s Compensation Board; Plaintiff Respondent: Bank of Montreal
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 January 1968
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia; Interpleader Issue and Priority of Lien Under S.48 of the Workmen's Compensation Act
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation Act Lien, Attachment of Lien to Proceeds, Priority of Liens, Interpleader
Source Language
English
Labour Law Property Law Statutory Interpretation Civil Procedure Security Interests Workmen's Compensation Act Lien Attachment of Lien to Proceeds Priority of Liens +1 more

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Parties

Workmen’s Compensation Board

Defendant Appellant

Bank of Montreal

Plaintiff Respondent

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia; Interpleader Issue and Priority of Lien Under S.48 of the Workmen's Compensation Act

Legal Issues

  1. 1 Whether s.48 of the R.S.B.C. 1960 Workmen's Compensation Act creates a lien that attaches to proceeds of sale of property produced in or by the industry
  2. 2 Whether monies payable to the employer (accounts receivable or proceeds) constitute 'property... produced in or by the industry' within s.48 and are impressed with the statutory lien

Ratio Decidendi

Section 48 does not, by its language, extend the Board's lien to proceeds of sale or moneys payable to the employer; the proceeds of the cants were not 'property... produced in or by the industry' within s.48 and therefore the statutory lien did not attach to the funds paid into court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Bank of Montreal entitled to payment out of court of $702.32