Qiu v. Tim Hortons Inc., 2017 ONSC 5995
CITATION: Qiu v. Tim Hortons Inc., 2017 ONSC 5995
DIVISIONAL COURT FILE NO.: 669/15
DATE: 20171005
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SWINTON, PERELL and GAREAU JJ.
BETWEEN:
QINGRONG QIU
Qingrong Qiu, acting in person
Applicant (Moving Party)
– and –
TIM HORTONS INC., ONTARIO LABOUR RELATIONS BOARD and DIRECTOR OF EMPLOYMENT STANDARDS ONTARIO
James Heeney and Allison Buchanan, for the respondent, Tim Hortons Inc.
Leonard Marvy and Aaron Hart for the respondent, Ontario Labour Relations Board
Respondents (Responding Parties)
Katherine Ballweg for the respondent, Director of Employment Standards
HEARD at Toronto: October 5, 2017
SWINTON J. (Orally)
[1] The applicant in this judicial review proceeding, Qingrong Qiu, has brought a motion pursuant to s. 21(5) of the Courts of Justice Act to set aside the order of Nordheimer J. (the motions judge) dated February 23, 2017.
[2] Dongmei Ye, the wife of the applicant, is not a party to the application for judicial review although she has improperly added her name as a party in the motion materials today. The motions judge correctly held that she should not be added as a party. This proceeding arose out of an employment relationship between Mr. Qiu and his former employer, Tim Hortons Inc. The proper parties to the judicial review proceeding are Mr. Qiu, Tim Hortons Inc., the Ontario Labour Relations Board (the “Board”) and the Director of Employments Standards Ontario (the “Director”). While Ms. Ye, as a family member, is interested in the proceeding and affected as a family member, she is not properly a party to the employment litigation.
[3] With respect to the disclosure issue, we understand that Ms. Ye filed her written submissions with the Board and received a receipt. Written submissions are not evidence and the motions judge made no error when he found that such submissions do not form part of the Board’s Record of Proceedings.
[4] With respect to the payroll records sought, the motions judge correctly held that the Record of Proceedings before the Board is complete, and it has been filed. If the Board erred in referring to 750 pages of payroll records, that is a matter to be raised at the hearing of the judicial review application. It is not a disclosure issue.
[5] As to the issue of the respondents’ facta, the applicant argued that these facta were not responsive to the applicant’s material. We agree with the motions judge’s analysis at para. 5 of his written endorsement. This is not a ground to strike the facta.
[6] We have reviewed the transcript of the proceeding before the motions judge, and we see no denial of procedural fairness, nor any basis to support an argument of reasonable apprehension of bias on the part of the motions judge.
[7] As the applicant has failed to identify any error by the motions judge, this motion is dismissed.
[8] We would repeat what was said at the outset of the hearing today. While Ms. Ye was allowed to speak today, the motions judge correctly held that Mr. Qiu will have to speak for himself at the hearing of the application for judicial review with a properly qualified interpreter if needed, or he must have counsel.
[9] I have endorsed the Appellant’s Motion Record as follows: “This motion is dismissed for oral reasons delivered today. The Board and the Director do not seek costs. Costs to the respondent Tim Horton’s Inc. fixed at $1,000.00 all in, payable by the applicant Mr. Qiu within 30 days. The applicant’s approval of a draft order is dispensed with.”
SWINTON J.
I agree
PERELL J.
I agree
GAREAU J.
Date of Reasons for Judgment: October 5, 2017
Date of Release: October 10, 2017
CITATION: Qiu v. Tim Hortons Inc., 2017 ONSC 5995
DIVISIONAL COURT FILE NO.: 669/15
DATE: 20171005
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SWINTON, PERELL and GAREAU JJ.
BETWEEN:
QINGRONG QIU Applicant (Moving Party)
– and –
TIM HORTONS INC., ONTARIO LABOUR RELATIONS BOARD and DIRECTOR OF EMPLOYMENT STANDARDS ONTARIO Respondents (Responding Parties)
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: October 5, 2017
Date of Release: October 10, 2017