Ontario Labour Relations Board
File No.: 0036-00-ES Date: July 10, 2000
Applicant: Mark Lockwood, A Director of 1100108 Ontario Ltd. o/a Casino Country Responding Parties: Doina Cambrea et al and Ministry of Labour
Before: Gail Misra, Vice-Chair
Decision of the Board
1The Board has received a request for reconsideration from the Ministry of Labour regarding the decision of June 13, 2000, in which the Board extended the time for filing this application.
2The Ministry advises the Board that the Order to Pay in question was sent to Mr. Lockwood on February 1, 2000 to an address listed for him in the Corporation Profile Report for Casino Country. The Ministry then asserts that "when the Officer heard that there may be another address she forwarded a copy of the Order to Pay to the new address on February 23, 2000". The Ministry is therefore of the view that the Order was properly served on February 1, 2000, and not on February 23, 2000 as indicated in the Board's decision. Consequently, the Ministry believes that no extension should be granted.
3The Board accepts that the Officer sent out the Order to Pay on February 1, 2000. However, that does not change the fact that the applicant did not get it in a timely manner because the Order was sent to an address that was out of date. The Ministry concedes that it somehow learned that the original Order had been sent to an incorrect address, and it re-sent the documentation on February 23, 2000. The Board's knowledge of the new fact does not affect the exercise of discretion in this case. The applicant did not get the Order until after it was sent out on February 23, 2000, and he filed his application for review within 45 days of that date. The Board declines to reconsider its decision of June 13, 2000.
"Gail Misra"
for the Board