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Wage Garnisment Laws in Ontario

Date: Wed, 08/09/2006 11:03

Could someone tell me what the percentage is a company can garnish your wages for (percentage of your pay cheque)? Minimum and Maximum? After a judgement has been given? If a notice of motion is filed, does that stop all garnishments or is my employer still required to pay?

Thank you.

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Total Replies: 13

Found this on the Ontario Ministry of Labor website:

Quote:

Net wages subject to garnishment

7. (1) For the purposes of this section,

???wages??? does not include an amount that an employer is required by law to deduct from wages. R.S.O. 1990, c. W.1, s. 7 (1).

Disability payments included

(1.1) For the purposes of this section, payments from an insurance or indemnity scheme that are intended to replace income lost because of disability shall be deemed to be wages, whether the scheme is administered by the employer or another person. 1999, c. 12, Sched. B, s. 18.

Exemption from seizure or garnishment

(2) Subject to subsection (3), 80 per cent of a person's wages are exempt from seizure or garnishment. R.S.O. 1990, c. W.1, s. 7 (2).

Idem, support or maintenance

(3) Fifty per cent of a person's wages are exempt from seizure or garnishment in the enforcement of an order for support or maintenance enforceable in Ontario. R.S.O. 1990, c. W.1, s. 7 (3).

Judge may decrease exemption

(4) A judge of the court in which a writ of execution or notice of garnishment enforceable against a person's wages is issued may, on motion by the creditor on notice to the person, order that the exemption set out in subsection (2) or (3) be decreased, if the judge is satisfied that it is just to do so, having regard to the nature of the debt owed to the creditor, the person's financial circumstances and any other matter the judge considers relevant. R.S.O. 1990, c. W.1, s. 7 (4).

Judge may increase exemption

(5) A judge of the court in which a writ of execution or notice of garnishment enforceable against a person's wages is issued may, on motion by the person on notice to the creditor, order that the exemption set out in subsection (2) or (3) be increased, if the judge is satisfied that it is just to do so, having regard to the person's financial circumstances and any other matter the judge considers relevant. R.S.O. 1990, c. W.1, s. 7 (5).

Employer may pay into court

(6) Where an employer receives notice of a motion under subsection (4) or (5), the employer may pay into court the part of the person's wages that is not exempt from seizure or garnishment under subsection (2) or (3), as the case may be, and the judge on the hearing of the motion may make such order for payment out of court as is just. R.S.O. 1990, c. W.1, s. 7 (6).

Wage assignments

(7) Subject to subsection ( 8 ), an assignment of wages or any part of them to secure payment of a debt is invalid. R.S.O. 1990, c. W.1, s. 7 (7).

h ttp://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90w01_e.htm

Sub: #1 posted on Wed, 08/09/2006 - 11:29

erzeke1

(Posts: 1145 | Credits: )

I am the employer of a commissioned real estate sales representative and I have just received a garnishment for him from Small Claims Court.
No one, including the Court can tell me the percentage that is to be deducted from his commissions.
Could you please help, I have been on all of your websites and cannot find this information.

Sub: #2 posted on Mon, 10/06/2008 - 10:21

Unregistered

I had took out money from my line of credit while I was on social assitance. I owe around $10,000. I recently was deemed disabled as of november and I can no longer keep up with the payments, and I can't do any type of work due to my condition. Am I legally exempt from the 10,000? I live in windsor ontario

Sub: #3 posted on Tue, 02/03/2009 - 18:12

Unregistered

we are not versed in canadian law.best to google a site that knows canadian law.

Sub: #4 posted on Tue, 02/03/2009 - 18:14

paulmergel
Moderators Cum Industry Expert
(Posts: 15514 | Credits: )

I am a self employed contractor and a Garnishee has been served on one of the clients I work for. Could you tell me what percentage of my earnings are subject to the Garnishee

Thank you

Sub: #5 posted on Mon, 07/06/2009 - 09:47

Unregistered

Nothing. You are a self employed contractor, not an employee. Only payroll can be garnished.

Sub: #6 posted on Mon, 07/06/2009 - 09:51

SOAPLADY
Moderators Cum Industry Expert
(Posts: 17319 | Credits: )

I have a court order that say that my ex is to pay me so much a month till his debt to me is paid. He is refusing, how do i go about garnishing his wages? Forms and stuff?

Thank you!

Sub: #7 posted on Wed, 07/29/2009 - 12:06

Unregistered

Contact the court that gave you the judgement or court order against him.

Sub: #8 posted on Wed, 07/29/2009 - 12:10

SOAPLADY
Moderators Cum Industry Expert
(Posts: 17319 | Credits: )

I did they wouldn't give me much information. I'd like more information about it before i go to a lawyer and pay $350 an hour. Does anyone have any information for Ontario?

Sub: #9 posted on Wed, 07/29/2009 - 12:18

Unregistered

Quote:

Originally Posted by anonymous

i am the employer of a commissioned real estate sales representative and i have just received a garnishment for him from small claims court.
No one, including the court can tell me the percentage that is to be deducted from his commissions.
Could you please help, i have been on all of your websites and cannot find this information.

a commission is not a wage. It is an account payable by you and an account receivable by your sales rep. Therefore the amount to be paid into court is 100% of the commission payable after deductions, if applicable.
It's the same as garnisheeing a bank account. All of the money is seized up to the amount of the garnishment.

Sub: #10 posted on Fri, 06/04/2010 - 06:04

Unregistered