Remko'b Investments Ltd. v. Director of Employment Standards (B.C.), (1994) 44 B.C.A.C. 168 (CA)

• Judge: McEachern, C.J.B.C., Prowse and Finch, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 18, 1994
• Jurisdiction: British Columbia
• Citations: (1994), 44 B.C.A.C. 168 (CA)

Remko'b Inv. v. Emp. Standards (1994), 44 B.C.A.C. 168 (CA);

    71 W.A.C. 168

MLB headnote and full text

Remko'b Investments Ltd. (appellant/appellant) v. Director of Employment Standards (respondent/respondent)

(CA016855)

Indexed As: Remko'b Investments Ltd. v. Director of Employment Standards (B.C.)

British Columbia Court of Appeal

McEachern, C.J.B.C., Prowse and Finch, JJ.A.

April 22, 1994.

Summary:

The Director of Employment Standards, acting under s. 20 of the Employment Stan­dards Act, ruled that the appellant company was liable for the severance pay of the employees of O'Brien Press Ltd. The appel­lant appealed.

The British Columbia Court of Appeal, McEachern, C.J.B.C., dissenting, dismissed the appeal.

Master and Servant - Topic 1846

Remuneration - Statutory regulation - Employer defined - Associated corpo­-rations - The Director of Employment Standards held Remko'b liable for sever­ance pay owing to employees of O'Brien Press under s. 20 of the Employment Standards Act - For 12 years, to the date of O'Brien's bankruptcy, Remko'b's only outstanding loan was to O'Brien - Remko'b owned houses, but received no rent from them, apparently holding them for the benefit of O'Brien's principal share­holder/director - O'Brien paid no principal on its loan after 1980 and no interest for two years prior to bankruptcy -Both companies were under the direction and control of the same person - The British Columbia Court of Appeal affirmed the Director's finding, holding that the printing business was carried on by or through both companies - See paragraphs 1 to 15.

Cases Noticed:

550551 Ontario Ltd. et al. v. Framingham et al. (1991), 49 O.A.C. 376; 82 D.L.R.(4th) 731 (Div. Ct.), refd to. [para. 13].

Statutes Noticed:

Employment Standards Act, R.S.O. 1990, c. E.14, sect. 12(1) [paras. 11-12].

Employment Standards Act, S.B.C. 1980, c. 10, sect. 20 [paras. 1, 4-5, 11].

Counsel:

Stephen P. Grey, for the appellant;

Thomas F. Beasley, for the respondent.

This appeal was heard in Vancouver, British Columbia, on March 18, 1994, before McEachern, C.J.B.C., Prowse and Finch, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered on April 22, 1994, and the follow­ing opinions were filed:

Finch, J.A. (Prowse, J.A., concurring) - see paragraphs 1 to 16;

McEachern, C.J.B.C., dissenting - see paragraphs 17 to 24.