Ontario Labour Relations Board
File Nos.: 0888-00-ES; 0889-00-ES Employment Practices Branch File No.: 43000776
Between: Darshan Singh, a Director of Golden Packaging Products Limited, Applicant v. Swarn Singh and Ministry of Labour, Responding Parties.
And Between: Golden Packaging Products Inc., Applicant v. Swarn Singh and Ministry of Labour, Responding Parties.
Before: Mary Ellen Cummings, Alternate Chair.
Decision of the Board: August 15, 2000
Decision
1These are applications for review by an employer and a Director with respect to an Order to Pay.
2Both applicants seek an extension of time. The Order to Pay with respect to Golden Packaging Products Inc. is dated August 13, 1999 and the Order to Pay with respect to Mr. Darshan Singh is dated January 11, 2000. Obviously, these applications are being brought well outside the 45-day appeal period.
3Counsel to both applicants wrote that Golden Packaging had made an assignment in bankruptcy on September 8, 1997 and had not been in the premises where the Order to Pay was sent since then. Darshan Singh moved residences in late 1998, so also did not receive the Order to Pay. Both applicants became aware of the Orders to Pay in June 2000 when a collection agency contacted them.
4I am curious as to the standing of Golden Packaging to bring this application if it is bankrupt, and I direct counsel for the applicants to advise the Board.
5Before deciding whether or not to grant an extension, the Ministry of Labour shall have an opportunity to make submissions. Those submissions should be delivered to the counsel for the applicants and filed with the Board no later than August 22, 2000. The applicants may deliver and file a reply by August 29, 2000.
"Mary Ellen Cummings" for the Board