Territorial Court

Decision Information

Royal Bank of Canada v Scott

Court Territorial Court
Date 1971-06-15
Other citations [1971] 4 W.W.R. 491 – 20 D.L.R. (3d) 728 (N.W.T. Terr. Ct.)
Judge(s) Morrow
Cases and statutes considered Statutes considered:
Northwest Territories Act, R.S.C. 1952, c. 331
Financial Administration Ordinance, O.N.W.T. 1966(2), c. 6, s. 38 ( 3 )
Exchequer Court Act, R.S.C. 1952, c. 98
Decision information:

Summary: The judgment creditor attempted to attached the salary of the judgment debtor, a teacher employed by the Government of the Northwest Territories, by garnishee summons issued on the Commissioner of the Northwest Territories. The Court held that the summons must be set aside. The courts could not make an order binding on the Crown and therefore money in the hands of the Commissioner was not attachable. Furthermore, salary of a public servant was not a debt due from the Crown to the public servant and was not therefore within the scope of Albert Rule 472
Decision: Garnishee summons set aside
Subjects: Creditors and debtors - Garnishment - Parties subject to garnishment - Crown

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