0436-97-ES A. G. Dragons, E. Cowan, R. T. MacTaggart, E. R. Davis, Directors of Sound Health Centres Inc., Sound Health Care Inc. and Sound Linked Data Inc., Applicant v. Ruth Beach, Hilary Bradburn, Vito Brandolini, Elizabeth Daniels, Edna Divers, Adriana Galvis Pineda, Drew Fera, Penny Gosselin, Dorothy Hubbell, Evangeline Jeffery, Lynn Johnson, Joan Klepadlo, William McMartin, Sophie Oswald, James Pratt, Philip Pratt, Richard Stack, Peggy Tarrant, Jim Tufford, Colleen Wells, Verna Whytock, Joan Wright, Susan Bono, Hallie Chase, Janice Johnstone, Lorrie Ketcheson, Robert J. Oswald, Simon Clery and Ministry of Labour, Responding Parties.
BEFORE: Mary Ellen Cummings, Adjudicator/Referee.
DECISION: August 17, 2000
This is a Directors’ appeal with respect to an Order to Pay.
On September 5, 1997, on agreement of the parties, I adjourned this matter sine die on the usual terms, that is, the matter would be terminated in one year if none of the parties sought to bring it on for hearing.
The Board’s records show than on July 31, 1998, counsel for the applicants requested that the matter not be terminated until September 2000. The letter has disappeared from the Board’s files, with the result that no action was taken with respect to it. However, as set out above, there is no doubt that the Board received the letter.
It appears that there is no prejudice to the affected employees because, as my September 5, 1997 decision indicated, they have been paid out of the Employee Wage Protection Fund.
Had the Board seen the applicant’s request to extend the adjournment period, it would have granted it. In all the circumstances, it is not appropriate to consider this matter as having been terminated. It is also appropriate to set a hearing date, as counsel to the Ministry of Labour has requested.
The hearing will take place on September 22, 2000, commencing at 9:30 a.m. in the “Board Room”, 2nd Floor, 505 University Avenue, Toronto, Ontario.
“Mary Ellen Cummings”
Adjudicator/Referee