0436-97-ES A. G. Dragone, E. Cowan, R. T. MacTaggart, E. R. Davis, Directors of Sound Health Centres Inc., Sound Health Care Inc. and Sound Linked Data Inc., Applicant v. Ruth Beach, Hilary Bradburn, Vito Brandolini, Elizabeth Daniels, Edna Divers, Adriana Galvis Pineda, Drew Fera, Penny Gosselin, Dorothy Hubbell, Evangeline Jeffery, Lynn Johnson, Joan Klepadlo, William McMartin, Sophie Oswald, James Pratt, Philip Pratt, Richard Stack, Peggy Tarrant, Jim Tufford, Colleen Wells, Verna Whytock, Joan Wright, Susan Bono, Hallie Chase, Janice Johnstone, Lorrie Ketcheson, Robert J. Oswald, Simon Clery and Ministry of Labour, Responding Parties.
BEFORE: Bram Herlich, Adjudicator/Referee.
APPEARANCES: A. George Dragone appearing on his own behalf; no one appeared on behalf of the responding parties affected employees; Jeremy Warning appeared on behalf of the Ministry of Labour.
DECISION: November 28, 2001
This is an appeal brought by four directors in respect of separate orders to pay issued against each of them.
When the scheduled hearing commenced only one of those four directors, A.G. Dragone, appeared in respect of these matters. He indicated that he was representing himself and had no authority to act on behalf of any of the other directors.
In view of their failure to appear, the representative of the Ministry of Labour moved that the appeals of the three directors who had failed to appear ought to be dismissed. I indicated I would do so.
The appeals of E. Cowan (re Order to Pay D01463), R. T. MacTaggart (re Order to Pay D01462), and E.R. Davis (re Order to Pay D01464), are hereby dismissed.
As the hearing progressed the representative of the Ministry and Mr. Dragone entered into settlement discussions and, ultimately, executed the following document which was filed with me:
File No. 0436-97-ES
A.G. Dragone
Applicant
and
Ministry of Labour
Minutes of Settlement
The parties agree that the appeal of Order to Pay number D01461 is dismissed.
The parties agree that the balance remaining to be paid on Orders to Pay Number D01461, D01462, D01463 and D01464 is $12,992.05.
The parties agree that the applicant has asserted that the majority of the funds (totalling $25,016.00), paid as part of a repayment plan to satisfy Order to Pay # 28999, were provided by the applicant.
The applicant agrees to provide the Ministry of Labour with verification that the applicant was the source of the funds paid to the Ministry of Labour in partial satisfaction of Order to Pay # 28999.
Such verification shall be provided by the applicant to the Ministry of Labour not later than 90 days from the date of execution of these minutes.
Upon receipt of such verification the Ministry of Labour will instruct its collection agent to attempt recovery of the outstanding balance from the Directors named in Orders to Pay # D01462, D01463, and D01464 (“the other Directors”) prior to attempting recovery from the applicant.
The applicant acknowledges that recovery may still be obtained from the applicant if the Ministry of Labour is unable to recover the full outstanding balance from the other Directors.
If the applicant fails to provide verification sufficient to show that the funds were provided by the applicant, the Ministry of Labour may authorize its collection agent to undertake recovery of the balance as normal.
Dated at Toronto, this 23rd day of November, 2001.
(“A.G. Dragone”) (“J. Warning”)
A. G. Dragone For the Ministry of Labour
- Having regard to the agreement of the Ministry and Mr. Dragone and subject to and in accordance with the terms of that agreement, the appeal of Mr. Dragone is hereby dismissed.
“Bram Herlich”
Adjudicator/Referee
This decision is issued under the administrative auspices of the Ontario Labour Relations Board, 505 University Avenue, 2nd. Floor, Toronto, Ontairo, M5G 2P1