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Convictions for Toronto Employer's Failure to Obey Orders to Pay Wages

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Convictions for Toronto Employer's Failure to Obey Orders to Pay Wages

Ministry of Labour

Convicted: Academic Hospitality Inc. and its director Bradley Moore, for a company operated as Recess or Recess Diner; 8 Dovercourt Road, Suite 502, Toronto, Ontario. Workplace/restaurant address: 60 Sudbury Street, Toronto, Ontario.

Description of Offence: The company and its director failed to pay workers and failed to comply with an order to pay issued by a Ministry of Labour employment standards officer under the Employment Standards Act.

Date of Order to Pay: November 22, 2016.

Date of This Conviction: March 25, 2019.

Penalty Imposed:

  • Academic Hospitality Inc. was fined $70,000 on 14 counts and Bradley Moore was fined $30,000 on three counts by Justice of the Peace Ajit Grewal at Old City Hall court in Toronto; Crown Counsel Amanda Landre.
  • Both parties were also ordered to pay 25-per-cent victim surcharges in addition to the fines.
  • The 25-per-cent victim fine surcharge is required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Background:

  • The prosecution related to claims filed by 14 former employees of Academic Hospitality Inc.
  • The total amount of wages owing to the employees was $26,606.65.
  • The defendant was issued with Orders to Pay by an employment standards officer.
  • The court issued an order under section 135 of the Employment Standards Act to pay the amount to the Director of Employment Standards.
  • The business has ceased to operate.
  • No one attended at court to respond to the charges.
  • In imposing the recommended fine, the court agreed with the Crown's submissions on the lack of remorse and responsibility shown by the defendants in failing to pay the orders and failing to appear in court to respond.
  • The combined total of fine and victim surcharges amount to $125,000 ($70,000 + $17,500; $30,000 + $7,500).

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