How much vacation pay should a garnishing order be reduced?
British Columbia, Canada
The following excerpt is from Low v. Baja Mining Corp., 2012 BCSC 1380 (CanLII):
The amount of the vacation pay is small in relation to the liquidated sum claimed. In Chan v. Chen, supra, paras. 32 - 33, Madam Justice Sinclair Prowse held that where there was, “evidence which, if accepted at trial, will at the very least reduce the monies owing to the plaintiff” the amount due on the garnishing order should be reduced by the amount claimed.
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