EMPLOYMENT STANDARDS LEGISLATION AND CONDITIONS OF - Offences and enforcement

Law360 Canada (September 27, 2022, 6:11 AM EDT) -- Appeal by Kwok and cross-appeal by the Director from a decision of a chambers judge finding that the six-year limitation period applied to a determination by the Director under the Employment Standards Act. The Director made a determination against Kwok in the amount of $159,392 for unpaid wages. The Director filed that Determination in the Supreme Court of British Columbia and obtained a Certificate of Judgment in that amount in 2016. The certificate was registered against Kwok’s property in 2016 and renewed in 2020. Kwok argued the Certificate of Judgment could not be enforced as a charge on the property because it had become time-barred two years after it was filed. The chambers judge held that the 10-year limitation did not apply, but the six-year limitation did because the Director’s determination was a government claim within the meaning of the Financial Administration Act. It thus followed that the determination was a valid charge against the sale proceeds from Kwok’s property. Kwok argued that the definition of “local judgment” in the Limitation Act simply could not be stretched to include a determination and that a determination, even if filed in the Supreme Court, was not a judgment within the meaning of s. 7 of the Limitation Act....
LexisNexis® Research Solutions

Related Sections