
Legal Blog:
Garnish(2)
Let’s talk garnishment again. Debtors do not like it. Surprise! They do not like it because it is a means by which creditors can intercept money owed to the debtor by a third party, before the debtor can spend or otherwise spirit the money away. Debtors sometimes make elaborate plans to eliminate the possibility of garnishment or concoct arguments to attempt to reduce its scope. The following 2012 Ontario Superior Court of Justice cases illustrate the lengths to which debtors will go: Wolf v. Anstett and Mundulai v. Wilson.
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The courts do not like underhanded dealings and come down hard on proven malefactors. One example is set out in Enbridge Gas Distribution Inc. v. Marinaccio 2012 CarswellOnt 12100, 2012 ONCA 650 (C.A.).
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