Potter v. Miller (2001), 208 Sask.R. 57 (FD)
MLB headnote and full text
Temp. Cite: [2001] Sask.R. TBEd. MY.066
Lee Anne Potter (Miller) (petitioner) v. Glenn John Miller (respondent)
(1997 D.I.V. No. 671; 2001 SKQB 244)
Indexed As: Potter v. Miller
Saskatchewan Court of Queen’s Bench
Family Law Division
Judicial Centre of Regina
Barclay, J.
May 18, 2001.
Summary:
The respondent had an annuity contract with London Life Insurance Company. After judgment was rendered in a matrimionial property proceeding, a garnishee summons for the sum of $6,000 was directed to London Life. The monies were paid into court. The respondent applied pursuant to s. 10 of the Attachment of Debts Act for an order that the annuity fund was exempt from seizure and requesting the release of the $6,000.
The Saskatchewan Court of Queen’s Bench, Family Law Division, allowed the application.
Editor’s note: For a prior decision involving theses parties see 201 Sask.R. 297.
Execution – Topic 754
Exemptions – Annuities – The respondent had an annuity contract with London Life Insurance Company – After judgment was rendered in a matrimionial property proceeding, a garnishee summons for the sum of $6,000 was directed to London Life – The monies were paid into court – Upon an application by the respondent, the Saskatchewan Court of Queen’s Bench, Family Law Division, held that the respondent was entitled to an order under s. 10 of the Attachment of Debts Act declaring that the annuity fund was exempt from seizure and an order returning the garnishee monies to him – The court stated that the credit protection not only flowed from the designation of a family class beneficiary, the exemption from seizure also shielded payments to the annuitant.
Cases Noticed:
Christensen (Bankrupt) v. Christensen (1996), 184 A.R. 194; 122 W.A.C. 194; 39 Alta. L.R.(3d) 101 (C.A.), refd to. [para. 10].
Lofts v. Lofts, [1991] 2 W.W.R. 586; 89 Sask.R. 120 (Q.B.), refd to. [para. 11].
Whalley v. Harris Steel Ltd. (1994), 20 O.R.(3d) 740 (Gen. Div.), refd to. [para. 13].
Statutes Noticed:
Saskatchewan Insurance Act, R.S.S. 1978, c. S-26, sect. 2(ii), sect. 2(kk), sect. 158 [para. 8].
Counsel:
Terence G. Graf, Q.C., for the petitioner;
Sterling G. McLean, for the respondent.
This application was heard before Barclay, J., of the Saskatchewan Court of Queen’s Bench, Family Law Division, Judicial Centre of Regina, who delivered the following decision on May 18, 2001.
