1340582 Ontario Ltd., Applicant v. William Teeninga and Ministry of Labour, Responding Parties.
File No.: 0525-00-ES Employment Practices Branch File No.: 53000709
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; July 21, 2000
Decision
1This is an application for review of an Order to Pay dated March 17, 2000. The deadline for filing the application was May 1, 2000. An incomplete application was filed on May 11, 2000. By letters dated May 19, 2000 the Registrar of the Board advised the applicant that the application was incomplete and provided the correct form and Information Bulletin for the applicant’s information. In addition the applicant was advised that the application appeared to be untimely and advised that submissions regarding timeliness need be made in order for the Board to consider any request to extend the time limits.
2The application form, the Information Bulletin, and the original Order to Pay all make clear that an applicant must pay the amount of the Order to Pay into trust in order for the application to be considered complete. That requirement is also subject to the time limits for filing. To date there is no indication that the applicant has ever paid the amount of the Order to Pay into trust. The time limit is set by statute and there need be good reason for an applicant’s failure to comply in order to be entitled to an extension of the time limit. In this case, even assuming that the applicant experienced delays in receiving mail, there is no explanation for the failure to make the payment into trust.
3In the circumstances there is no basis for granting an extension to the time limits for the filing of this application for review. This application is therefore dismissed.
"M. A. Nairn"
for the Board