Tyler Fram

The applicant, a temporary help agency, sought judicial review of ten orders to pay approximately $2.8 million in unpaid wages under the Employment Standards Act, 2000.

The applicant bypassed the statutory review process before the Ontario Labour Relations Board, arguing exceptional circumstances due to impecuniosity, as the Act requires paying the ordered amount in trust to access the Board review.

The Divisional Court dismissed the application, finding that the applicant had an adequate alternative remedy before the Board and failed to meet the high evidentiary threshold to establish impecuniosity.

The applicant, a temporary help agency, sought judicial review of an Ontario Labour Relations Board decision affirming an order to pay unpaid wages to twelve workers.

The applicant argued the workers were employed by a subcontractor.

The Divisional Court dismissed the application, finding the Board reasonably concluded that the applicant was the employer under the Employment Standards Act, as the purported subcontractor was not a legitimate enterprise and the applicant exercised control over the workers' assignments.