Siemens v. Vogel, (1981) 25 Man.R.(2d) 8 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: June 24, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 25 Man.R.(2d) 8 (CoCt)

Siemens v. Vogel (1981), 25 Man.R.(2d) 8 (CoCt)

MLB headnote and full text

Siemens and Siemens v. Vogel and Vogel

Indexed As: Siemens v. Vogel

Manitoba County Court

Dureault, C.C.J.

June 24, 1981.

Summary:

The Manitoba Milk Producers Marketing Board owed money to a dairy farmer for selling the farmer's milk. Creditors of the farmer garnisheed the monies owing. The dairy farmer applied to have the garnishment order set aside on the ground that the monies were wages and therefore exempt from garnishment under the Garnishment Act.

The Manitoba County Court dismissed the farmer's application.

Creditors and Debtors - Topic 4406

Garnishment by creditor - Exemptions - Wages - The Manitoba Milk Producers Marketing Board owed money to a dairy farmer for selling the farmer's milk - The farmer's creditors garnisheed the monies - The farmer applied to have the garnishment order set aside on the ground that the monies were wages and therefore exempt from garnishment under the Garnishment Act - The Manitoba County Court dismissed the farmer's application - The court held that the monies were not payable as a result of an employee-employer relationship in respect of work or service performed and therefore could not be considered wages - See paragraphs 3 and 4.

Statutes Noticed:

Garnishment Act, R.S.M. 1970, c. G-20; C.C.S.M., c. G-20, sect. 2 [paras. 3 and 4].

Counsel:

Jerome Sukkan, for the plaintiffs;

Michel Monnin, for the defendants.

This application was heard before Dureault, C.C.J., of the Manitoba County Court, who delivered the following judgment on June 24, 1981: