Algo Group Inc. v. Ont., (2000) 147 O.A.C. 201 (DC)

• Judge: Then, Lang and Cumming, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: December 15, 2000
• Jurisdiction: Ontario
• Citations: (2000), 147 O.A.C. 201 (DC)

Algo Group Inc. v. Ont. (2000), 147 O.A.C. 201 (DC)

MLB headnote and full text

Temp. Cite: [2001] O.A.C. TBEd. MY.078

Algo Group Inc. and Lavie One Holdings Inc. (appellants) v. Minister of Labour, Ontario Labour Relations Board and Laura Trachuk Vice-Chair (respondents)

(746/99)

Indexed As: Algo Group Inc. et al. v. Ontario (Minister of Labour) et al.

Court of Ontario

Superior Court of Justice

Divisional Court

Then, Lang and Cumming, JJ.

December 15, 2000.

Summary:

An adjudicator held that Algo and One-to-One Fashions were related businesses pursuant to s. 12 of the Employment Standards Act. Therefore, Algo was liable for termination and severance pay to One-to-One employees. Algo applied for judicial review.

The Ontario Divisional Court dismissed the application, holding that the adjudicator's decision was reasonable.

Master and Servant - Topic 8354

Employment and labour standards - Jurisdiction and powers of director, tribunal, referees or officers - Power to treat related parties as "employer" - An adjudicator held that Algo was liable for termination and severance pay to One-to-One employees because they were related businesses pursuant to s. 12 of the Employment Standards Act - The adjudicator concluded that Algo's relationship with One-to-One went far beyond that of a mere investor to the extent that their relationship was one of partners who were, in effect, carrying on a retail business in common - The financial affairs, and to a large extent the operational affairs, of Algo and One-to-One were conducted in common - Further, the adjudicator was satisfied that arrangement defeated the remedial purpose of the Act - The Ontario Divisional Court dismissed Algo's application for judicial review, holding that the adjudicator's decision was reasonable and supported by the evidentiary record.

Cases Noticed:

550551 Ontario Ltd. et al. v. Framingham et al. (1991), 49 O.A.C. 376; 4 O.R.(3d) 571 (Div. Ct.), refd to. [para. 5].

Statutes Noticed:

Employment Standards Act, R.S.O. 1990, c. E-14, sect. 12 [para. 2].

Counsel:

P. Neena Gupta, for the appellants;

Murray Klein, for the respondent, Ministry of Labour;

Voy T. Stelmaszynski, for the respondent, Laura Trachuk, Vice-Chair.

This application was heard on December 15, 2000, by Then, Lang and Cumming, JJ., of the Ontario Divisional Court. The following judgment was delivered orally on December 15, 2000, by Lang, J., and released on May 28, 2001.