Abbasbayli v. Fiera Foods Company
Employment Standards: Director Liability for Unpaid Wages
Summary
This is an appeal from a procedural ruling in an employment standards action where the plaintiff sought unpaid wages and vacation pay from the employer and its directors. The Court of Appeal found that the motion judge erred in striking the ESA claim without leave to amend because statutory preconditions were not pleaded, and also erred in striking the OBCA director liability claim. However, the oppression remedy claim was properly struck, and the costs award was reduced to reflect the partial success on appeal.
Outcome
appeal allowed in part
Award
Costs reduced from $14,569.52 to $8,000
Key Factors
- Employment Standards Act
- Director liability
- Striking pleadings
- Leave to amend
- Costs
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