1372715 Ontario Inc., Niagara Shoe Manufacturing v. Kari Reid et al.
0567-01-ES 1372715 Ontario Inc., Niagara Shoe Manufacturing, Applicant v. Kari Reid, Kim Wilson Piper, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 51078400
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; July 17, 2001
1This is an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended ('the Act') of Order to Pay No. 61102 issued by Employment Standards Officer Kim Wilson Piper on March 22, 2001 (‘the Order’).
2The Board has issued previous decisions in this matter on June 28, 2001 and July 9, 2001. The application should have been filed by May 1, 2001 to have been timely. The Board gave the applicant an opportunity to give proof by July 13, 2001 that payment, as required to perfect the application, had been made.
3The Ministry’s collection agency collected the full amount owing under the Order on May 25, 2001. In that sense, payment was made by the applicant.
4Nowhere does the applicant provide a satisfactory explanation for why the application for review was not filed in a timely manner by May 1, 2001. Despite the fact that payment has now been made, albeit through the Ministry’s collection process rather than voluntarily by the applicant, and that the application is now before the Board, there must be a good reason provided for the Board to extend the time for the filing of an application. No good reason has been provided in this case and an extension of time is not warranted.
5The application is untimely and is dismissed.
“Christopher J. Albertyn”
for the Board