View cases - Stewart McKelvey

14but did acknowledge that at the time ofbiTing she would have seen the restrictions that were printedon Mr. Fagbile's Work Permit, similar to the comments shown on exhibit D4 tab 4 four pages in.She testified that she did not realize the restrictions prevented Mr. Fagbile from working for theCompany. I am satisfied that at the time ofbiTing Ms. Cormier was unaware of any problem.Mr. Fagbile was put on the Companypayroll and paid by the payroll companyused bythe Company.The unit at Pepperell Street where Mr. Fagbile worked was unusual in that two ofthe three residentswere basicallyindependent and able to look after themselves, including doing their own laundry andpreparing most oftheir own meals. The live-in caregiver only had to assist with the preparation ofsomeoftheirmeals, ensure theyhadtheirmedication, maintaintheir charts and basically ensure theywere looking after themselves. The third resident was a Mr. Dorey who, at the time, was 90 yearsold, was demanding and verbally complaining and required a lot ofcare. Most ofMr. Fagbile's timewas spent attending to Mr. Dorey.2010 NSSC 252 (CanLII)Mr. Dorey liked Mr. Fagbile and they got along well. Mr. Dorey's family met Mr. Fagbile and alsoliked him.Shortly after commencing his employment Mr. Fagbi1e went to his lawyer, a Mr. Gilpin, to obtaina Work Permit. At that point Mr. Gilpin told Mr. Fagbile that he wasn't permitted to work for a forprofit company and his employment with the Company was a violation ofthe terms under which hewas in CanadaMr. Fagbile reported this to Ms. Cormier. Mr. Fagbile wanted to keep his job and Ms. Connierwanted to keep Mr. Fagbile because ofthe good relationship he had with Mr. Dorey and his family.They both went back to Mr. Gilpin to see if there was any solution to the problem. It was Ms.Cormier's evidence that she had at least 1',:vo conversations with M..r. Gilpin. He told her about alive-in care worker program that permitted caregivers to work in Canada provided they wereemployed by someone other than a for profit business.