The applicant, a director of a bankrupt Nova Scotia corporation operating in Ontario, sought judicial review of an Ontario Labour Relations Board decision upholding an Order to Pay unpaid wages to Ontario employees.
The applicant argued she was exempt under s. 80(4) of the Employment Standards Act, 2000, asserting the provision should be read disjunctively.
The Divisional Court dismissed the application, finding the Board's conjunctive interpretation of s. 80(4) was reasonable and consistent with the remedial purpose of the Act, despite brief contrary pronouncements in prior civil court decisions.
