Di Benedetto v. Slaunwhite, (1993) 119 N.S.R.(2d) 366 (CoCt)

• Case Date: January 12, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 119 N.S.R.(2d) 366 (CoCt)

Di Benedetto v. Slaunwhite (1993), 119 N.S.R.(2d) 366 (CoCt);

  330 A.P.R. 366

MLB headnote and full text

Vince and Tina Di Benedetto (applicants) v. Lloyd and Nancy Slaunwhite (respondents)

(C.H. No. 77299)

Indexed As: Di Benedetto v. Slaunwhite

Nova Scotia County Court

District Number One

Palmeter, C.J.C.C.

January 12, 1993.

Summary:

An execution order was served on Slaun­white's employer to garnishee Slaunwhite's wages. Slaunwhite sought an order that his net wages were not sufficient to allow any amount to be paid under the execution order and directing the sheriff to return any monies obtained under the execution order.

The Nova Scotia County Court granted the order.

Creditors and Debtors - Topic 4406

Garnishment by creditor - Exemptions - Wages - Civil Procedure Rule 53.05(a) provided that an employer was required to pay 15% of the gross wages of an employee to the sheriff under an execution order, provided that if the payment would reduce the net wages of an employee supporting a family, after deduction of all amounts "required by law", to $315 per week, the employer would only be required to pay the difference by which the payment of the 15% exceeded that amount - The Nova Scotia County Court held that the phrase "required by law" in rule 53.05(a) meant more than required by legislation, and included de­ductions made under other types of legal arrangements, such as certain types of compulsory pay cheque deductions.

Execution - Topic 757

Exemptions - Wages - [See Creditors and Debtors - Topic 4406 ].

Words and Phrases

Required by law - The Nova Scotia County Court discussed the meaning of the phrase "required by law" in rule 53.05(a) of the Civil Procedure Rules (N.S.).

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 53.05(a) [para. 2].

Rules of Court (N.S.) - see Civil Pro­cedure Rules (N.S.).

Counsel:

Vince and Tina Di Benedetto, acted on their own behalf;

D.A. Rollie Thompson, for the respon­dents;

David G. Giovanetti, for the Sheriff for the County of Halifax.

This case was heard before Palmeter, C.J.C.C., of the Nova Scotia County Court, District Number One, who delivered the following judgment on January 12, 1993.