Can a deposit-taking corporation obtain a portion of a debtor’s wages pursuant to Order 79 of the Bankruptcy and Insolvency Act?

Nova Scotia, Canada


The following excerpt is from Davison v. Canadian Artists Syndicate Inc., 2011 NSSM 28 (CanLII):

I should also point out that Rule 79 sets out a scheme whereby only a certain maximum percentage of a debtor’s gross wages can be seized pursuant to an execution order and, in any event, the debtor is not to be left with less income than certain stipulated minimum amounts. There are also specific rules applicable to “deposit-taking corporations” which address the concern raised in Baker v. Tanner, [1991] N.S.J. No. 37 (S.C.A.D.). There, it was noted that a debtor’s wages could be exempt from seizure if still in the hands of an employer before paid to the debtor employee but those same wages might be exigible if electronically deposited into a bank account or received by the debtor from the employer and then deposited by the debtor into a bank account.

Other Questions


Are there any cases where a court has found that a husband who has been ordered to pay a fine under an equalization order is a post-bankruptcy debt? (Nova Scotia, Canada)
What is the test for making an order for an order to remove a child from the custody of his mother? (Nova Scotia, Canada)
What is the impact of a recent decision in a family law case in which a husband has been ordered to pay his ex-wife’s life insurance in order to get a beneficial interest in his life insurance policy? (Nova Scotia, Canada)
Can a tribunal order the payment of interest on a mortgage where the statute does not expressly authorize the order to do so? (Nova Scotia, Canada)
What is the test for a variation of an order where a party is seeking to change the existing order? (Nova Scotia, Canada)
Is there a material change in circumstances since the mother of a child with learning disabilities obtained a new order for a second time? (Nova Scotia, Canada)
What authority exists to order the sale of the matrimonial home pursuant to section 10(1)(b), 15 (b) and 19 of the Matrimonial Property Act? (Nova Scotia, Canada)
What is the test to vary the current order under section 65 of the National Statutory Review Order? (Nova Scotia, Canada)
What is the effect of a judge’s order for a solicitor to obtain an injunction against the solicitor in a civil matter? (Nova Scotia, Canada)
What is the test for obtaining information in advance of litigation? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.