Mundulai v. Wilson
Legal aid payments to lawyers are not "wages" within the meaning of the Wages Act based on the statutory definition and controlling case law (Re Kryspin); there was no error in the application judge's treatment of the accounting issue, therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2013 ONCA 164
- Parties
- Applicant: Aliamisse O. Mundulai; Respondent: Robert Wilson; Respondent: P.C. Bloomfield; Respondent: Windsor (City) Police Service; Garnishee: Legal Aid Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 March 2013
- Procedural Posture
- Civil / Appeal From Superior Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Definition of Wages, Statutory Interpretation, Accounting Issue, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aliamisse O. Mundulai
Applicant
Robert Wilson
Respondent
P.C. Bloomfield
Respondent
Windsor (City) Police Service
Respondent
Legal Aid Ontario
Garnishee
Procedural Posture
Civil / Appeal From Superior Court Judgment
Legal Issues
- 1 Whether legal aid payments to lawyers constitute "wages" within the meaning of the Wages Act, R.S.O. 1990 c. W.1 s.7
- 2 Whether the application judge erred in his treatment of the accounting issue
Ratio Decidendi
Legal aid payments to lawyers are not "wages" within the meaning of the Wages Act based on the statutory definition and controlling case law (Re Kryspin); there was no error in the application judge's treatment of the accounting issue, therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Costs to the respondent Wilson fixed at $1,737.56 inclusive of disbursements and taxes.
- Costs to the respondent Legal Aid Ontario fixed at $2,500 inclusive of disbursements and taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Mundulai v. Wilson Collection Decisions of the Court of Appeal Date 2013-03-19 Neutral citation 2013 ONCA 164 Docket numbers C55903 Judges Sharpe, Robert J.; Epstein, Gloria Jean; Pepall, Sarah E. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Mundulai v. Wilson 2013 ONCA 164 DATE: 20130318 DOCKET: C55903 Sharpe, Epstein and Pepall JJ.A. BETWEEN Aliamisse O. Mundulai Applicant (Appellant) and Robert Wilson, P.C. Bloomfield and Windsor (City) Police Service Respondents (Respondents) and Legal Aid Ontario Garnishee (Respondent) Aliamisse O. Mundulai, in person Ethan McMonagle, for the respondents J. Stanley Jenkins, for the Garnishee (respondent) Heard: March 12, 2013 On appeal from the judgment of Justice Robert Goldstein of the Superior Court of Justice, dated July 12, 2012. APPEAL BOOK ENDORSEMENT [1] We see no merit in the submission that legal aid payments to lawyers are “wages” within the meaning of the Wages Act, R.S.O. 1990 c. W1 s. 7. The statutory definition of wages as well as the relevant case law support the conclusion of the application judge: see Re Kryspin (1983), 400 O.R. (2d) 434. [2] Nor do we see any error with respect to the application judge’s treatment of the accounting issue. [3] Accordingly, the appeal is dismissed. [4] Costs to the respondent Wilson fixed at $1,737.56 inclusive of disbursements and taxes. Costs to the respondent Legal Aid Ontario fixed at $2,500 inclusive of disbursements and taxes.