Can a garnishee application be set aside?
Saskatchewan, Canada
The following excerpt is from Campbell West Ltd. v. Wimpey (George) Canada Limited, H & A Construction Ltd. and Key Lake Mining Corporation, 1984 CanLII 2305 (SK QB):
The debt attached here is a joint debt but owing to one of the defendants only and as a consequence the garnishee proceedings here are clearly defective and must be set aside: Lekas v. Zappes (1913), 1913 CanLII 172 (SK CA), 10 D.L.R. 646. I need not address the other matters raised by the applicant in view of my determination in this respect.
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