The Board of Trustees of the Nova Scotia Public Service Long Term Disability Fund v. Garnier

Background

• The Trustees sought to increase garnishment of Vince Garnier's wages to 100% to recover $60,553.81 in LTD benefits.
• Garnier was determined disabled from a work injury in 2015 and received LTD benefits. Once the Workers' Compensation Board (WCB) declared the injury compensable, he had to repay the benefits.

Key Facts

• Current Garnishments: $340.30 biweekly from the Province and $285.80 monthly from WCB.
• Income: Garnier receives $3,000.62 monthly from the Province and $2,370.55 from WCB, plus additional benefits totaling $11,293.96 monthly.

Legal Arguments

• Plaintiff: Sought 100% garnishment, citing Garnier's substantial other income sources.
• Defendant: Opposed, arguing other benefits compensate for pain and suffering, not wages, and full garnishment violates minimum income protections.

Court's Analysis

• Rule 79.08: Allows 15% garnishment unless ordered otherwise, ensuring minimum income.
• Discretion: Court can increase garnishment when just and appropriate.
• Conduct: Garnier had tax refunds and transferred significant amounts to family, suggesting repayment ability.

Decision

• Garnishment Increase: Court increased garnishment from 15% to 50% of Garnier's wages from the Province and WCB.
• Rationale: Balances Garnier’s living expenses with Trustees’ recovery needs.

Conclusion

• Motion granted for 50% garnishment. Trustees awarded costs.