R. v. Christie, (1980) 6 Man.R.(2d) 21 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: September 16, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 6 Man.R.(2d) 21 (CoCt)

R. v. Christie (1980), 6 Man.R.(2d) 21 (CoCt)

MLB headnote and full text

R. v. Christie

Indexed As: R. v. Christie

Manitoba County Court

Lockwood, C.C.J.

September 16, 1980.

Summary:

This case arose out of a conviction against an employer for three charges of failing to comply with orders of the Manitoba Labour Board to pay unpaid wages contrary to s. 17(2) of the Payment of Wages Act. At trial the employer tried to raise the question of offsetting claims against the employees indicating the wages were no longer unpaid. The trial judge convicted the accused and held that the only issue before the court was whether the orders were complied with. The trial judge fined the accused $100.00 plus costs and ordered him to pay the Employment Standards Division the amounts stated in the Board's orders. The accused appealed, challenging the validity of the orders of the Board. The accused tendered evidence of agreements signed by two employees offsetting their claims against the employer with money owed by them to the employer. The employer also offered evidence of a judgment obtained against the third employee for an amount in excess of the unpaid wages.

The Manitoba County Court dismissed the appeal against conviction and sentence, but rescinded the order to pay the unpaid wages of the two employees, who signed the offsetting claim agreements. The court held that because there was no evidence to indicate if the judgment against the third employee was satisfied, the order to pay unpaid wages could not be rescinded.

Administrative Law - Topic 6403

Judicial review - Prohibition - General principles - Existence of alternative remedy - Payment of Wages Act, C.C.S.M. 1975, c. 21, ss. 8(3), 8(5), 16 - Section 8(3) empowered the director of the Employment Standards Division to determine if wages were unpaid by an employer to an employee - Section 8(5) allowed a reference to the Manitoba Labour Board if the director's findings were disputed - Section 16 provided for an appeal to the County Court from the Manitoba Labour Board - An employer was convicted of three charges of failing to comply with orders by the Manitoba Labour Board contrary to s. 17(2) of the Payment of Wages Act - The employer appealed the conviction on the ground that the original orders of the director and Manitoba Labour Board were null - The employer submitted that the director and Board declined jurisdiction, because they refused to consider evidence indicating the wages were no longer unpaid - The Manitoba County Court dismissed the appeal and held the director and Board did not refuse to consider the evidence - The court held that in any case the employer was estopped from attacking the orders, because he failed to appeal the orders to the County Court as provided in s. 16 of the Act and he also failed to challenge the orders by seeking a prerogative writ - See paragraphs 1 to 21.

Master and Servant - Topic 1813

Remuneration - Wages - Payment of - What constitutes - An employer was convicted of three charges of failing to comply with orders of the Manitoba Labour Board to pay unpaid wages contrary to s. 17(2) of the Payment of Wages Act - The employer appealed on the ground that there was evidence before the trial judge which indicated the wages were no longer unpaid - The employer tendered written agreements with two employees, offsetting their claims against money they owed the employer - The employer also stated that a judgment was obtained against the third employee for an amount in excess of the unpaid wages - The Manitoba County Court dismissed the appeal against conviction and sentence for failing to comply with the Board orders, but held the written agreement with the two employees indicated the wages were no longer unpaid, so the employer was not obligated to make payment as stipulated in the orders - The court held that, because there was no evidence to indicate if the judgment against the third employee was satisfied, it could not offset the amount and the wages in that instance were still unpaid - See paragraphs 26 to 34.

Master and Servant - Topic 1826

Remuneration - Wages - Payment of - Sentence - Failing to comply with an order to pay unpaid wages - An employer was convicted of three charges of failing to comply with orders of the Manitoba Labour Board to pay unpaid wages contrary to s. 17(2) of the Payment of Wages Act - The Manitoba County Court affirmed a sentence imposing a $100.00 fine plus costs and an order to pay the unpaid wages - See paragraph 2.

Cases Noticed:

O'Neill v. Duncan Lithographing Co. (1909), 13 O.W.R. 511; 13 O.W.R. 648, dist. [para. 8].

R. v. Marsham, [1892] 1 Q.B. 371 (C.A.), refd to. [para. 8].

Toronto Newspaper Guild v. Globe Printing, [1953] 2 S.C.R. 18, refd to. [para. 8].

Children's Aid Society of Metropolitan Toronto v. Lyttle, [1973] S.C.R. 568, refd to. [para. 9].

R. v. Judge Pugh; ex parte Graham, [1951] 2 K.B. 623, refd to. [para. 10].

Statutes Noticed:

Payment of Wages Act, C.C.S.M. 1975, c. 21, sect. 8(3), sect. 8(5) [para. 14]; sect. 9, sect. 10 [para. 15]; sect. 13(1) [para. 24]; sect. 16 [para. 16]; sect. 17(2) [para. 17]; sect. 17(3) [para. 29].

County Courts Act, C.C.S.M., c. C-260 [para. 3].

Counsel:

D. Matas, for the appellant;

M.J. Conklin, for the respondent.

This case was heard by LOCKWOOD, C.C.J., of the Manitoba County Court.

On September 16, 1980, LOCKWOOD, C.C.J., delivered the following judgment: