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    Loosecat's Avatar
    Loosecat Posts: 2, Reputation: 1
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    #1

    Feb 17, 2011, 03:59 PM
    Can insurance disability payments be garnished in Ontario?
    I am on long term disability, and receiving monthly payments from my company insurance. Can these payments, or a portation of it be garnished. Is disibiltiy insurance payments considered an income, or wage?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 17, 2011, 04:38 PM

    Yes, they can: "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."

    Wages Act, R.S.O. 1990, c. W.1
    Loosecat's Avatar
    Loosecat Posts: 2, Reputation: 1
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    #3

    Feb 17, 2011, 07:54 PM
    Thank you for your answer to my previous question regarding disability payments that can be garnished. Still on the same topic of garnishments, may next question is, can a company pension that one is receiving on a monthly basis be considered income, and also subject to garnisment. The person in question is my wife who has retired at age 63, collecting some C.P.P. but not fully, but receiving a company pension. Can her pension, both company and C.P.P. be subjected to a garinshment? Thank you for your help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 18, 2011, 08:11 AM

    In one word - yes.

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