The Board of Trustees of the Nova Scotia Public Service Long Term Disability Fund v. Garnier
The Board of Trustees of the Nova Scotia Public Service Long Term Disability Fund
Law Firm / Organization
Burchell Wickwire Bryson LLP
Lawyer(s)

Colin Bryson, KC

Vince Garnier
Law Firm / Organization
BoyneClarke LLP

Background

  • The Trustees sought to increase garnishment of Vince Garnier's wages to 100% to recover $60,553.81 in LTD benefits.
  • Garnier was determined disabled from a work injury in 2015 and received LTD benefits. Once the Workers' Compensation Board (WCB) declared the injury compensable, he had to repay the benefits.

Key Facts

  • Current Garnishments: $340.30 biweekly from the Province and $285.80 monthly from WCB.
  • Income: Garnier receives $3,000.62 monthly from the Province and $2,370.55 from WCB, plus additional benefits totaling $11,293.96 monthly.

Legal Arguments

  • Plaintiff: Sought 100% garnishment, citing Garnier's substantial other income sources.
  • Defendant: Opposed, arguing other benefits compensate for pain and suffering, not wages, and full garnishment violates minimum income protections.

Court's Analysis

  • Rule 79.08: Allows 15% garnishment unless ordered otherwise, ensuring minimum income.
  • Discretion: Court can increase garnishment when just and appropriate.
  • Conduct: Garnier had tax refunds and transferred significant amounts to family, suggesting repayment ability.

Decision

  • Garnishment Increase: Court increased garnishment from 15% to 50% of Garnier's wages from the Province and WCB.
  • Rationale: Balances Garnier’s living expenses with Trustees’ recovery needs.

Conclusion

  • Motion granted for 50% garnishment. Trustees awarded costs.

 

Supreme Court of Nova Scotia
511482
Employment law
$ 60,554
Plaintiff