What is the test for determining an amount received by reason of action against an employer as a result of action taken against it?
Alberta, Canada
The following excerpt is from Sutton v. Davidson, 1999 ABCA 280 (CanLII):
The appellant also argued that the present state of the law is reflected by Wallace v. United Grain Growers (1997), 1997 CanLII 332 (SCC), 152 D.L.R. (4th) 1 (S.C.C.). It was argued that an amount received from an employer on termination by reason of action taken against it is an amount for “salary, wages or other remuneration”, as the function of such an award “is equivalent to wages or salary earned in the course of ongoing employment.” Therefore, such an award is not property and cannot be either determined or attached as property.
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