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Request for reconsideration denied where applicant failed to adequately explain absence from summary hearing.
The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application after he failed to attend a scheduled summary hearing.
The applicant argued his failure to attend was due to an acute viral illness and a belief that he would be arrested if he participated.
The Tribunal found that the applicant had not provided an adequate explanation for his failure to participate, even by telephone, and had not met the criteria for reconsideration under Rule 26.5.
The request for reconsideration was denied.
Payroll provider cannot sue corporate director for unjust enrichment after funding payroll without receiving funds.
The appellant payroll provider paid the wages of the corporate respondent's employees without first receiving sufficient funds from the corporation.
The appellant sued a director of the corporation for unjust enrichment, arguing that its payment relieved the director of her statutory liability for unpaid wages under s. 131 of the OBCA.
The Court of Appeal dismissed the appeal, holding that the primary obligation to pay wages belonged to the corporation, not the director.
The director received no direct benefit and was not unjustly enriched.
Furthermore, the appellant could not be subrogated to the employees' rights because the employees had been paid and had no claim against the director.
