Texaco Canada v. Dagenais and Canada, (1983) 1 O.A.C. 374 (DC)

Judge:Potts, J.
Court:Superior Court of Justice of Ontario
Case Date:December 09, 1983
Jurisdiction:Ontario
Citations:(1983), 1 O.A.C. 374 (DC)
 
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Texaco Can. v. Dagenais (1983), 1 O.A.C. 374 (DC)

MLB headnote and full text

Texaco Canada v. Dagenais (judgment debtor) and Canada, Government of (garnishee)

Indexed As: Texaco Canada v. Dagenais and Canada

Ontario Divisional Court

Potts, J.

December 22, 1983.

Summary:

A judgment creditor commenced garnishee proceedings against the judgment debtor's employer, the Government of Canada.

The Ontario Small Claims Court held that the debtor's salary was subject to garnishment. The debtor appealed. The judgment creditor and garnishee both motioned to quash the appeal.

The Ontario Divisional Court granted the motion on the ground that s. 108 of the Small Claims Court Act prohibited an appeal to the Divisional Court where the "sum in dispute" was not in excess of $500.

Practice - Topic 8991

Appeals - Where appeal available - Small claims - Monetary limitations - Section 108 of the Small Claims Court Act, R.S.O. 1980, c. 476 permitted an appeal to the Divisional Court in an action or garnishee proceeding where the sum in dispute exceeded $500., exclusive of costs - The Ontario Divisional Court held that the "sum in dispute" referred to the amount of the judgment appealed against, not the amount of the original claim - The court held that where the appeal was from garnishment proceedings, the amount of the original judgment could not be considered as the "sum in dispute".

Words and Phrases

Sum in dispute - The Ontario Divisional Court discussed the meaning of the phrase "sum in dispute" as found in s. 108 of the Small Claims Court Act, R.S.O. 1980, c. 476.

Cases Noticed:

Cossman v. Kehoe (1922), 22 O.W.N. 9, refd to. [para. 3].

Lambert v. Clarke (1904), 7 O.L.R. 130, refd to. [para. 3].

Statutes Noticed:

Small Claims Court Act, R.S.O. 1980, c. 476, sect. 108 [para. 2].

Counsel:

P. Pyper, for Texaco;

S. Mender, for Garnishee;

S.T. Goudge, Q.C., for the Judgment Debtor.

This motion was heard before Potts, J., of the Ontario Divisional Court, on December 9, 1983. The decision of Potts, J., was delivered orally and released on December 22, 1983.

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