PanCanadian Computer Group Inc. v. Ward et al., (1996) 110 Man.R.(2d) 9 (CA)

• Judge: Twaddle, J.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 16, 1995
• Jurisdiction: Manitoba
• Citations: (1996), 110 Man.R.(2d) 9 (CA)

PanCdn. Computer Group v. Ward (1996), 110 Man.R.(2d) 9 (CA);

    118 W.A.C. 9

MLB headnote and full text

Pan Canadian Computer Group Inc. (employer/applicant) v. Charles Ward (employee/respondent) and The Manitoba Labour Board and The Director of Employment Standards Division (respondents)

(Suit No. AI 95-30-02287)

Indexed As: PanCanadian Computer Group Inc. v. Ward et al.

Manitoba Court of Appeal

Twaddle, J.A.

February 6, 1996.

Summary:

An employer applied for leave to appeal a decision of the Manitoba Labour Board.

The Manitoba Court of Appeal, per Twaddle, J.A., granted the application.

Administrative Law - Topic 6126

Judicial review - Statutory appeal - Leave to appeal - When available - An employer missed a hearing before the Manitoba Labour Board - He had been misled as to the hearing's date - The Board ordered the employer to pay wages to the claimant - The employer subsequently requested the Board to hear him and offered an explana­tion for his nonattendance - The Board denied the request and informed the employer of his right to appeal the order - The employer applied for leave to appeal - The Manitoba Court of Appeal granted leave on the following question: "Did the Manitoba Labour Board erroneously de­cline jurisdiction to consider whether its earlier decision should be reopened on the ground that the party seeking relief had a valid excuse for its nonappearance?"

Administrative Law - Topic 8937

Boards and tribunals - Powers - Recon­sideration of own decisions - [See Ad­ministrative Law - Topic 6126 ].

Master and Servant - Topic 8357

Employment and labour standards - Juris­diction of tribunal - Appeals (incl. leave to appeal) - [See Administrative Law - Topic 6126 ].

Cases Noticed:

Grillas v. Minister of Manpower and Im­migration, [1972] S.C.R. 577, refd to. [para. 7].

Chandler v. Alberta Association of Ar­chi­tects, [1989] 2 S.C.R. 848; 99 N.R. 277; 101 A.R. 321; 70 Alta. L.R.(2d) 193; 62 D.L.R.(4th) 577, refd to. [para. 7].

Kates v. Canada Post Corp. (1991), 52 O.A.C. 319 (Div. Ct.), refd to. [para. 7].

Vatanabadi v. Minister of Employment and Immigration (1993), 153 N.R. 73; 102 D.L.R.(4th) 433 (F.C.A.), refd to. [para. 7].

Zutter v. Council of Human Rights (B.C.) et al. (1995), 57 B.C.A.C. 241; 94 W.A.C. 241; 122 D.L.R.(4th) 665 (C.A.), refd to. [para. 7].

Aubut v. Minister of National Revenue (1990), 126 N.R. 381 (F.C.A.), consd. [para. 9].

Rhyno v. Ideal Concrete Ltd. (1992), 118 N.S.R.(2d) 118; 327 A.P.R. 118 (Co. Ct.), refd to. [para. 10].

Mehdawi v. United Kingdom (Secretary of State) (1989), 105 N.R. 20 (H.L.), refd to. [para. 10].

Counsel:

J.G. Penner, for the applicant;

T.D. Gisser, for the Manitoba Labour Board;

D.P. Flood, for the Employment Standards Division.

This application was heard on November 16, 1995, by Twaddle, J.A., of the Manitoba Court of Appeal, who delivered the follow­ing decision on February 6, 1996.