0308-00-ES Dolfin.com Canada Inc., Applicant v. (Gerald Diakow, Susan Gilbert) and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 52006237
BEFORE: M. A. Nairn, Vice‑Chair.
DECISION OF THE BOARD; July 17, 2000
This is an application for review of an Order to Pay issued pursuant to the Employment Standards Act (the “ESA”). The application was filed in a timely manner. However at that time no funds were paid into trust. The Director of Employment Standards has now received a letter of credit in terms acceptable to the Director. The applicant has requested that the time for filing its application for review be extended in the circumstances.
Having regard to the circumstances, I am satisfied that this is an appropriate case to extend the time for filing the application. The applicant retained counsel who filed the application, setting out the grounds on which it seeks to have the Order reviewed. The applicant filed the letter of credit as soon as it was able to obtain it, and less than a month after the deadline. There has been no suggestion that it was abandoning its application and, although there has been some delay, the other parties have not otherwise been prejudiced.
I therefore extend the time for the filing of this application to July 14, 2000, the date on which the Board was advised by the Director of Employment Standards that the letter of credit (dated May 24, 2000 and amended by letter dated June 29, 2000) was acceptable.
This matter is referred to the Registrar for processing in the normal course.
“M. A. Nairn”
for the Board