The Actors Studio of Canada Inc. v. Lisa Cassiani and Ministry of Labour
0145-01-ES The Actors Studio of Canada Inc., Applicant v. Lisa Cassiani and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 50009704
BEFORE: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD; June 5, 2001
1This is an employer application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting review of an Order to Pay No. 58564 dated November 27, 2000. The deadline for making this application was January 11, 2001. The application was filed on April 10, 2001.
2The applicant indicated that this was a late application and referred to his reasons as set out in the fax to Mr. McGee at the collection agency requesting an appeal. One of the reasons stated is that the applicant believed the time limit was 45 business days for making his appeal.
3The Order to Pay states that an appeal (and the required payment) must be made within 45 days of the date of the Order to Pay. However, even if it had been 45 business days the deadline for making this application would have been February 2, 2001. The application was filed April 10, 2001. The monies were garnisheed on February 28, 2001, at the request of the Ministry, when no appeal had been filed.
4Having reviewed the materials filed with the Board and the applicant’s reasons as set out in the material attached to the application, the Board does not consider it appropriate in the circumstances of this case to extend the time limit for applying for a review.
DISPOSITION
5This application is dismissed as untimely.
6The Director of Employment Standards is directed to disburse the funds held in trust as set out in the Order to Pay.
“Inge M. Stamp”
for the Board