Lockhart v. Root Enterprises Ltd., (1981) 14 Man.R.(2d) 331 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: January 06, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 14 Man.R.(2d) 331 (CoCt)

Lockhart v. Root Ent. Ltd. (1981), 14 Man.R.(2d) 331 (CoCt)

MLB headnote and full text

Lockhart v. Root Enterprises Ltd.

Indexed As: Lockhart v. Root Enterprises Ltd.

Manitoba County Court

Jewers, C.C.J.

January 6, 1981.

Summary:

An assistant manager brought a claim for wages against his former employer. The Director of the Employment Standards Division of the Department of Labour and Manpower allowed the claim. The employer appealed to the Manitoba Labour Board.

The Manitoba Labour Board allowed the appeal and dismissed the claim for wages. The assistant manager appealed. The employer applied for a non-suit, on the ground that the assistant manager's original complaint to the Director was not made within the time limitation prescribed by s. 8(1) of the Payment of Wages Act.

The Manitoba County Court allowed the employer's application and granted a non-suit, dismissing the assistant manager's appeal. See also the case of Halbrick v. Sutherland, 14 Man.R.(2d) 418; 15 Man.R.(2d) 80.

Evidence - Topic 3353

Documentary evidence - Judicial proceedings - Pleadings - The Manitoba County Court held that it was unable to inspect a file relating to judicial proceedings in another case in the same court (or in another court), where the documents were not formally tendered as evidence pursuant to s. 40(1) of the Evidence Act, R.S.M. 1970, c. E-150 - The court stated that in most cases, counsel agreed to permit the court to read the file without formal proof by exemplification or certified copy - See paragraph 9.

Limitation of Actions - Topic 9

Effect of missed limitation period - An assistant manager's claim for wages against his former employer was dismissed by the Manitoba Labour Board - The assistant manager appealed - The Manitoba County Court dismissed the appeal, because the claim was not made within the time prescribed in s. 8(1) of the Payment of Wages Act, S.M. 1975, c. 21 - See paragraphs 5 to 10.

Master and Servant - Topic 1845

Remuneration - Statutory regulation - Employee - What constitutes - The Manitoba County Court opined that a person who was hired and worked as an assistant manager with managerial responsibilities was not an employee within the meaning of the Payment of Wages Act, S.M. 1975, c. 21, s. 1(c) - See paragraphs 12 to 14.

Statutes Noticed:

Payment of Wages Act, S.M. 1975, c. 21; C.C.S.M. c. P-15, sect. 1(c) [paras. 13 to 14]; sect. 3(1) [paras. 5, 12]; sect. 8(1) [paras. 4, 7, 10].

Evidence Act, R.S.M. 1970, c. E-150, sect. 40(1) [para. 9].

Authors and Works Noticed:

Sopinka and Lederman, Law of Evidence in Civil Cases, p. 422 [para. 9].

Counsel:

R. Allard, for the appellant;

D. Yard, for the respondent.

This appeal was heard before JEWERS, C.C.J., of the Manitoba County Court, whose decision was delivered on January 6, 1981.