1378656 Ont. Inc. v. Gabrielle Quenneville, and Ministry of Labour
File No.: 1011-01-ES Employment Practices Branch File No.: 11001159 Before: David A. McKee, Vice-Chair. Decision of the Board: July 13, 2001
1This is an application for a review of a decision of an employment standards officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990 ch. E-14 (“the Act”). An application under section 68 is filed only when it is received by the Board at its offices at 505 University Avenue in Toronto. The applicant chose, despite the fact that this address is set out on the front page of the application he filed, to deliver it to 400 University Avenue, to offices of the Ministry of Labour. He delivered it to them on the last day for the filing of an appeal. Although they were under no obligation to do so, Ministry staff delivered it to the Board’s offices at 505 University Avenue on July 4, 2001.
2The Act gives the Board a discretion to extend the time limits for the filing of an application. In the circumstances, the fact that the application was filed late was due only to an innocent error (albeit a careless one) on the part of the applicant and there can be no prejudice to the responding party in extending the time limits by a few days.
3The Board extends the time to file this application to July 4, 2001, the date on which it was filed.
“David A. McKee”
for the Board