Sinclair v. Split Lake First Nation

Sinclair v. Split Lake First Nation

Garnishment was inappropriate for the claimant's wage claims after November 30, 2004 because the adjudication decision did not award monetary relief for that period; however the unpaid costs award was enforceable, and a limited garnishment was ordered to attach $425 plus $150 costs (total $575).

Citation
2012 FC 185
Parties
Complainant (judgment Creditor): Albert Sinclair, Sr.; Employer (judgment Debtor): Split Lake First Nation (Tataskweyak Cree Nation)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 February 2012
Procedural Posture
Canada Labour Code Adjudication Enforcement Garnishment Motion / Ex Parte Garnishment Motion (post Judgment Enforcement)
Outcome
Motion granted in part and dismissed in part: garnishment dismissed for wage claims beyond November 30, 2004; garnishment ordered for outstanding costs and costs of this motion.
Legal Topics
Garnishment, Reinstatement, Adjudication Decision Enforcement, Costs, Post Judgment Interest
Source Language
English
Labour Law Civil Procedure Enforcement of Judgments Garnishment Reinstatement Adjudication Decision Enforcement Costs Post Judgment Interest

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Parties

Albert Sinclair, Sr.

Complainant (judgment Creditor)

Split Lake First Nation (Tataskweyak Cree Nation)

Employer (judgment Debtor)

Procedural Posture

Canada Labour Code Adjudication Enforcement Garnishment Motion / Ex Parte Garnishment Motion (post Judgment Enforcement)

Legal Issues

  1. 1 Whether there is an "order for the payment of money" within Rule 425 FCR to support garnishment
  2. 2 Whether the adjudicator's reinstatement order and filed adjudication decision awarded monetary relief for period beyond November 30, 2004
  3. 3 Whether garnishment is the proper procedure to enforce non-compliance with an order of reinstatement

Ratio Decidendi

Garnishment was inappropriate for the claimant's wage claims after November 30, 2004 because the adjudication decision did not award monetary relief for that period; however the unpaid costs award was enforceable, and a limited garnishment was ordered to attach $425 plus $150 costs (total $575).

Court Disposition

Motion granted in part and dismissed in part: garnishment dismissed for wage claims beyond November 30, 2004; garnishment ordered for outstanding costs and costs of this motion.

Orders

  • Motion granted in part; costs of this motion fixed at $150.00 payable by Tataskweyak Cree Nation.
  • All debts due or accruing from Royal Bank of Canada, 23 Selkirk Avenue, Thompson, Manitoba, to Tataskweyak Cree Nation are attached to answer the unsatisfied order of costs in the amount of $425.00 plus costs of the garnishee proceedings of $150.00.