Beaver Lumber Company Limited v. Jim Epoch and Ministry of Labour
File No.: 4221-96-ES Parties: Beaver Lumber Company Limited, Applicant v. Jim Epoch and Ministry of Labour, Responding Parties.
BEFORE: Bram Herlich, Adjudicator/Referee.
APPEARANCES: Matt Certosimo appeared on behalf of Beaver Lumber Company Limited; No one appeared on behalf of Jim Epoch; Murray Klein appeared on behalf of the Ministry of Labour.
DECISION: September 14, 2001
Decision
1This is an application to review the issuance of Order to Pay # 36253 issued on November 27, 1996.
2The responding party affected employee, Mr. Epoch, commenced an action for wrongful dismissal against the applicant, Beaver Lumber Company Limited (“Beaver”) in what was then the Ontario Court (General Division).
3The hearing in this application had been adjourned pending the outcome of the wrongful dismissal action. (The parties also advise that the Employment Standards Act claim had been filed prior to the promulgation of the prohibition on concurrent Employment Standards Act termination related claims and actions for wrongful dismissal).
4Mr. Epoch was awarded damages by the Court. Beaver’s appeal of that judgment to the Court of Appeal was dismissed. Leave to appeal to the Supreme Court of Canada was denied.
5Counsel for Beaver filed a letter from counsel for Mr. Epoch. That letter confirms that Mr. Epoch no longer asserts any claim to the monies currently being held in trust in connection with the Order to Pay and this appeal.
6In the circumstances and having regard to the positions of the parties, the Order to Pay is hereby vacated. The Director is hereby directed to return all monies currently being held in trust (including administrative costs and interest accrued on all amounts) to the applicant, Beaver Lumber Company Limited.
“Bram Herlich”
Adjudicator/Referee