Ewachniuk v. Director of Employment Standards (B.C.), (1998) 115 B.C.A.C. 292 (CA)

• Judge: Southin, Hollinrake and Rowles, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 27, 1998
• Jurisdiction: British Columbia
• Citations: (1998), 115 B.C.A.C. 292 (CA)

Ewachniuk v. Emp. Standards Dir. (1998), 115 B.C.A.C. 292 (CA);

   189 W.A.C. 292

MLB headnote and full text

Temp. Cite: [1999] B.C.A.C. TBEd. JA.012

A. Ted Ewachniuk (appellant/respondent) v. Director of Employment Standards (respondent/appellant)

(CA023083)

Indexed As: Ewachniuk v. Director of Employment Standards (B.C.)

British Columbia Court of Appeal

Southin, Hollinrake and Rowles, JJ.A.

December 15, 1998.

Summary:

A landlord/investor/shareholder was found jointly and severally liable for unpaid wages to employees of a failed restaurant business. The Director of Employment Standards issued a certificate under s. 13(7) of the Employment Standard Act setting out the amount owed. The landlord/investor/share­holder appealed.

The British Columbia Supreme Court, in a decision reported at [1997] B.C.T.C. Uned. 518, allowed the appeal and set aside the certi­fi­cate. The Director appealed.

The British Columbia Court of Appeal dismissed the appeal.

Master and Servant - Topic 1828

Remuneration - Wages - Payment of - Liability of employer or director for - Ewachniuk owned premises and chattels leased to a company which operated a restaurant - Ewachniuk was a director of the company from 1983-1993 and at all times a 50 percent shareholder - Ewach­niuk invested monies to cover restaurant renovation costs and paid TV advertising costs - Ewachniuk took no part in the daily running of the restaurant, had no keys and no involvement in hiring or firing em­ployees and signed no paycheques - Ewachniuk's main business was elsewhere - The British Columbia Court of Appeal affirmed that Ewachniuk could not be jointly liable for restaurant employees' unpaid wages under s. 20 of the Employ­ment Standard Act, because he was no more than a landlord, investor and share­holder of the operating company.

Cases Noticed:

Remko'b Investment Ltd. v. Director of Employment Standards (B.C.) (1994), 44 B.C.A.C. 168; 71 W.A.C. 168; 90 B.C.L.R.(2d) 247 (C.A.), refd to. [para. 13].

Statutes Noticed:

Employment Standards Act, S.B.C. 1980, c. 10, sect. 20 [para. 7].

Counsel:

K.L. Johnston, for the appellant;

J.D. Vilvang, Q.C., for the respondent.

This appeal was heard before Southin, Hollinrake and Rowles, JJ.A., of the British Columbia Court of Appeal at Vancouver, British Columbia on November 27, 1998. The decision of the court was delivered on December 15, 1998 by Hollinrake, J.A.