Supreme Court

Decision Information

Labour Standards Officer v R&B Ltd.

Court Supreme Court
Date 1987-09-11
Other citations (sub nom. Labour Standards Board – (sub nom. Labour Standards Board v. R & B Ltd.) [1987] N.W.T.R. 351 – 013 (S.C.) – Northwest Territories v. R. & B Ltd.) 88 C.L.L.C. 14
File numbers 00681
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
KORYCKI AND KORYCKI V. KORYCKI (1940) 2 W.W.R. 218 (SASK. C.A.);
RE LYONS (1934) 1 D.L.R. 432 (N.S.S.C.);
IN RE HAYES (1931) 1 W.W.R. 301 (SASK. K.B.);
LAVELL V. RICHINGS (1906) 1 K.B. 480, 75 L.J.K.B. 287;
ADDISON V. SHEPARD (1908) 2 K.B. 119, 77 L.J.K.B. 534;
BOYD LIMITED V. BIHAM (1909) 1 K.B. 14, 78 L.J.K.B. 50;
BURNS V. CHRISTIANSON (1921) 2 W.W.R. 366, 16 ALTA. L.R. 394, (S.C. APP. DIV.);
HAYOS V. PATRICK AND WONITOWY (1961-62) 36 W.W.R. 562;
WESTERN FOUNDATION BORINGS (ALTA.) LTD. V. WALTERS CONST. LTD. (1966) 57 W.W.R. 178 (ALTA.)

Statutes considered:
EXEMPTIONS ACT, R.O.N.W.T., 1974, C. E-5, S. 3;
LABOUR STANDARDS ACT, R.O.N.W.T., 1974, C. L-1, S. 39.6
Decision information:

Abstract: Application for an order for removal and sale of two trucks seized under a writ of execution - Cross-application for order that one of the trucks worth $30,000.00 is exempt from seizure as being a chattel "necessary to and actually in use by the debtor in his business" under section 2 of the Seizures Act.
Decision: Application denied - Section 2 of the Seizures Act is plainly limited in its extent to a $600.00 exemption and is not intended as a general shield to prevent creditors under a judgment from realising their debt.
Subjects: Employment law - Government regulation - Payment of wages - Statutory lien for wages
Creditors and debtors - Exemptions - Tools or implements of trade
Creditors and debtors - Execution - Seizure - Objection to seizure

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