Peace Country HVAC Ltd. v. Pollard, 2011 ABQB 248

Court of Queen ’ s Bench of Alberta Citation: Peace Country HVAC Ltd. v. Pollard, 2011 ABQB 248 Date: 20110411 Docket: 1109 0006, 1109 0005 Registry: Peace River Between Action No. 1109 0006 Peace Country HVAC Ltd. o/a Aire Serv Heating & Air Conditioning Applicant - and - Timothy Bruce Pollard and Employment Standards Respondents And Between Action No. 1109 0005 Peace Country HVAC Ltd. o/a Mr. Rooter Plumbing Applicant - and - Shaun Alexander Boutilier and Employment Standards Respondents _______________________________________________________ Memorandum of Decision

of the Honourable Mr. Justice Brian R. Burrows _______________________________________________________ [ 1 ] It appears that in these two applications Peace Country HVAC seeks to appeal from the decision of an Employment Standards Officer. [ 2 ] In both cases the Employment Standards Officer, after following the process ordained by the Employment Standards Code, issued orders against Peace Country HVAC in respect of the claims of the two former employees who had complained against that firm. Peace Country HVAC, though given notice of its right to appeal under the Code, filed no appeal.

In accordance with the process set out in the Code, the orders were filed as judgments of this Court and writs of enforcement were issued. [ 3 ] Having not responded to the several notices sent by the officer before the writs were issued, Peace Country HVAC now seeks to appeal to this Court, long after its right of appeal to an umpire under the Code has expired. [ 4 ] Peace Country HVAC does not raise any concern about the procedure which ended with the filing of the orders in this Court and the issuing of the writs.

It does not suggest that the officer’s decision was not entirely reasonable given what was before the officer. It seeks to “appeal” the orders on their merits alleging that the former employees filed false claims. [ 5 ] The Employment Standards Code does not contemplate any appeal from an officer to this Court. Neither does it give this Court jurisdiction to extend the time during which an appeal to an umpire under the Code can be filed.

There is no basis for treating Peace Country HVAC’s applications as attempts to invoke this Court’s jurisdiction to judicial review administrative decisions. [ 6 ] The applications are dismissed. [ 7 ] Mr. Pollard who attended the application is entitled to costs of $250. Employment Standards which filed materials and participated in both applications by counsel is entitled to costs of $1000 plus disbursements. Mr. Boutilier who did not attend or otherwise participate is not entitled to costs. Heard on the 31 st day of March 2011. Dated at the City of Edmonton, Alberta this 11 th day of April 2011. Brian R.

Burrows J.C.Q.B.A.

Appearances: The Principal of the Applicant, David Anderson appeared for the Applicant Timothy Bruce Pollard appeared on his own behalf Shaun Alexander Boutilier did not appear S. Bowes, Alberta Justice appeared for Employment Standards