Bitz, Szemenyei, Ferguson & Mackenzie v. Cami Automotive Inc.

1997 CanLII 12172 (ON SC)Decided Labour relations

Labour Arbitration Award Assignment: Wages Act Jurisdiction

Summary

This is a jurisdictional and statutory interpretation ruling concerning whether an irrevocable direction to pay part of a labour arbitration award to a law firm constitutes a valid assignment of wages under the Wages Act. The court determined that the arbitration award was characterized as damages rather than wages, meaning the assignment was not invalidated by the Wages Act, and that ordinary courts had jurisdiction over the dispute between the law firm and the employer.

Outcome

Assignment upheld; ordinary courts have jurisdiction.

Key Factors

  • assignment of wages
  • labour arbitration award
  • jurisdiction of courts
  • Wages Act
  • equitable assignment

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