0664-99-ES Richmond Hill Toyota, Applicant v. Carmelo Esposito and Ministry of Labour, Responding Parties.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; January 24, 2000
1By decision dated January 7, 2000 I reviewed the circumstances surrounding the issue of whether or not a timely application for review had been filed. In accordance with the January 7, 2000 direction, the employer has paid the monies owing pursuant to the Order to Pay into trust.
2I am satisfied that there are appropriate grounds for allowing an extension to the time for filing this application for review. Although there was no record of receipt of the monies owing made in a timely way, there is evidence that the applicant has consistently and promptly responded to both the Officer’s order and to the Board and has evidenced a clear and continuing intention to seek this review. For circumstances that cannot clearly be assigned to the applicant, the payment was late. That payment was received promptly in response to the January 7, 2000 decision.
3Therefore the time for filing the application is hereby extended to January 19, 2000, the day the Director issued a receipt in respect of the monies owing pursuant to the Order to Pay. (I note that the Board received the payment on behalf of the Director on January 11, 2000). This application is therefore timely.
4This application is hereby referred to the Registrar for processing in the normal course.
“M. A. Nairn”
for the Board