O'Neill Motors Ltd. v. Gosine, (2014) 350 Nfld. & P.E.I.R. 279 (NLPC)

• Judge: Orr, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 27, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 350 Nfld. & P.E.I.R. 279 (NLPC);2014 NLPC 0113

O'Neill Motors v. Gosine (2014), 350 Nfld. & P.E.I.R. 279 (NLPC);

    1088 A.P.R. 279

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. JN.016

O'Neill Motors Limited (plaintiff) v. Derek Gosine (defendant)

(2014 NLPC 0113C00677)

Indexed As: O'Neill Motors Ltd. v. Gosine

Newfoundland and Labrador Provincial Court

Small Claims Division

Orr, P.C.J.

June 9, 2014.

Summary:

The plaintiff operated a car dealership. The defendant was a car salesman for the plaintiff. He was provided with a car. The plaintiff claimed compensation for the deductible amount of its insurance policy from the defendant for his negligent actions in damaging two vehicles.

The Newfoundland and Labrador Provincial Court, Small Claims Division, granted judgment for the plaintiff.

Master and Servant - Topic 1848.1

Remuneration - Statutory regulation - Payment of wages - Prohibition against set-off - [See Master and Servant - Topic 4524 ].

Master and Servant - Topic 4523

Liabilities of servant - To master - For torts - [See Master and Servant - Topic 4524 ].

Master and Servant - Topic 4524

Liabilities of servant - To master - Respecting master's property - The plaintiff operated a car dealership - The defendant was a car salesman for the plaintiff - He was provided with a car - The plaintiff claimed compensation for the deductible amount of its insurance policy from the defendant for his negligent actions in damaging two vehicles - The defendant asserted that this was contrary to s. 36 of the Labour Standards Act - The Newfoundland and Labrador Provincial Court, Small Claims Division, granted judgment for the plaintiff - Regarding s. 36, there was no evidence that the defendant was required to purchase, lease or otherwise acquire property of the plaintiff or that the contract contained conditions respecting the manner, place, time or method by which the defendant was required to spend a part of the wages payable under that contract - Section 36 did not apply - The defendant had signed an agreement with an express term to reimburse the plaintiff for the deductible amount on the policy - This was not an oppressive agreement brought about by an inequality in bargaining power - The defendant understood and was provided with a copy of the agreement.

Cases Noticed:

864475 Alberta Ltd. v. Hilton (2007), 447 A.R. 337; 61 M.V.R.(5th) 60 (Prov. Ct.), refd to. [para. 10].

Statutes Noticed:

Labour Standards Act, R.S.N. 1990, c. L-2, sect. 36 [para. 5].

Authors and Works Noticed:

Employee Obligations in Canada (2010), p. 4:30 [para. 8].

Counsel:

O'Neill Motors Ltd., on their own behalf;

Derek Gosine, on his own behalf.

This action was heard at St. John's, N.L., on May 27, 2014, by Orr, P.C.J., of the Newfoundland and Labrador Provincial Court, Small Claims Division, who delivered the following reasons for judgment on June 9, 2014.