| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
repayment of debt |
|
Summary:
A payment may be made by way of set-off against a debt. In such case, the extinction of the mutual debts between the parties must be analyzed as resulting from two payments from one to the other in both directions. In order to speak of a legal set-off, there must necessarily be debts on both sides.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
advances on commissions |
|
Summary:
The advances in excess of earned commissions did not create an indebtedness since the employee was not required to repay these amounts. The vacation pay did not constitute monies to which he was still entitled since these monies, through the unearned advances, had already been received by him.
Commissioned employee whose employer did not seek to recover shortfalls in advances, except that any outstanding monies on termination were to be applied against unearned commissions. Held that the unpaid vacation pay of $764 was neither paid nor payable for the purpose of ss. 58(9).
