Eddy’s on the Falls v. Ontario (Ministry of Labour) 2000 OLRB mini 2306

Sharon Ava DeMita v. Ministry of Labour

File No.: 0017-98-ES Sharon Ava DeMita, a director of Eddy’s on the Falls, Applicant v. Ministry of Labour, Responding Party.

BEFORE: M. A. Nairn, Adjudicator/Referee.

APPEARANCES: Sharon Ava DeMita on her own behalf; Alicia Gordon-Fagan for the Ministry of Labour.

DECISION OF THE BOARD; May 25, 2000

DECISION OF THE BOARD

1This is a director’s appeal brought pursuant to section 68 of the Employment Standards Act (the “ESA”) in respect of an Order to Pay dated March 16, 1998 (#D 04222). A hearing was convened when the applicant did not satisfy the settlement entered into by the parties on January 21, 1999.

2The basis of the appeal is the assertion that the applicant was not an active director and was told by the owner of the restaurant at issue that no responsibilities would arise from her agreeing to become a director, except to make certain bookkeeping arrangements more convenient. Unfortunately the applicant did not seek advice as to what she was signing. The applicant does not dispute that at the time of the closing of the operation and the claims made, she was a director of 992421 Ontario Inc. carrying on business as Eddy’s on the Falls.

3The liability against directors under the ESA is a strict liability. There is no basis from which to relieve against that liability. The applicant is entitled to discuss with the Ministry whether or not she can make arrangements for payment. However I advised the applicant that the Ministry was legally entitled to pursue payment of the entire amount immediately.

4As ruled orally at the conclusion of the hearing, this appeal is dismissed. The Order to Pay stands.