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Seniors Care Business Fined, Ordered By Court to Pay Wages

Court Bulletin

Seniors Care Business Fined, Ordered By Court to Pay Wages

Ministry of Labour

Convicted: 2444674 Ontario Inc., also known as Home Instead Senior Care, a Toronto business offering senior care services in Toronto. The defendant company was operated by its sole director, Lindsay Reid.

Location: Toronto, Ontario.

Description of Offence: The defendants failed to comply with four orders by a Ministry of Labour employment standards officer relating to employees who were owed upaid wages and other entitlements, as well as compensation for reprisal.

Date of Offence: Between August 20, 2015 and November 10, 2016.

Date of Conviction: June 28, 2018.

Penalty Imposed:

  • Following a trial which was not attended by the defendants, Justice of the Peace Chris Trantafilopoulos imposed a fine of $28,000 ($7,000 per count), in Toronto court; Crown Counsel Evan Schiller.
  • The court also 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.

Background:

  • The defendant operated a home senior care business in Toronto, called Home Instead Senior Care.
  • Several employees made claims against the employer after being dismissed in 2015.
  • As a result, three Orders to Pay (OTP) wages and one Order for Compensation were issued against the employer, 2444674 Ontario Inc.
  • One OTP was issued on July 17, 2015 in the amount of $5,030. The defendant did not appeal this order, and only $777 toward the amount has been collected.
  • Three other orders were issued on January 13, 2016:
  • Two OTPs totalling $7,481 were issued. The employer attempted to appeal these to the Ontario Labour Relations Board (OLRB) and the board dismissed the appeals. Only $1,102 has been paid towards the OTPs.  
  • One Order for Compensation was issued in the amount of $7,238. Again, the employer attempted to appeal to the OLRB but it was dismissed. Only $847 was paid toward this order.
  • The employer was charged with four counts of failing to comply with orders, contrary to section 132 of the Employment Standards Act.
  • The employer still owes a total of $15,642 to the employees.
  • In addition to the fine, the court ordered the defendant to pay that sum to the Director of Employment Standards, pursuant to section 135(1) of the ESA.

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