Company Director Jailed for Failing to Comply with Order to Pay Wages Owed to Young Workers
BRAMPTON, ON - A director who failed to ensure a company paid wages to 68 employees has been convicted of failing to comply with three orders to pay and has been sentenced to 90 days in jail, fined $15,000 and ordered to pay outstanding wages.
The defendant, Peter Check of Cambridge, operated a business in Mississauga known as All Pool Solution and Aquatic Pools Solutions. The Ministry of Labour received employment standards claims in 2007 and 2008 for unpaid wages from former employees of companies operated by Check. A number of the claimants were young people who worked as lifeguards.
An extensive investigation by Ministry of Labour employment standards officers found that wages ranging from $80 to $3,100 were owed and issued three orders to pay between December 2008 and May 2009. The amount of the orders totaled about $63,000. The majority of the wages - about $55,000 - are still unpaid. In addition to the jail term and fines, Check was ordered to pay the outstanding wages.
The conviction was imposed by Justice Donald Cooper. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Court Information at a Glance
Location: Ontario Court of Justice
7755 Hurontario Road
Judge: Justice Donald Cooper
Date of Sentencing: April 8, 2013
Defendant: Peter Check as a director of 2092263 Ontario Inc.
Matter: Employment Standards Act
Conviction: ESA, Section 137(1) - 3 counts
Crown Counsel: Line Forestier