What is the effect of a notice of garnishment on the proceeds of matrimonial home sale?
Ontario, Canada
The following excerpt is from Hathaway v. Hathaway, 2015 ONSC 212 (CanLII):
The respondent submits that the effect of the notice of garnishment is to vary the payout of the matrimonial home sale proceeds as set out in the divorce order and for that reason alone, the notice of garnishment should be set aside. In making this submission the respondent relies primarily on Ruttan v. Ruttan, 1982 CanLII 181 (SCC), [1982] 1 S.C.R. 690 (S.C.C.).
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