View cases - Stewart McKelvey

16The new arrangements for Mr. Fagbile were not in place until at least June and perhaps later thanthat. The permit authorizing the care worker program was not obtained until October 18, 2005. Inthe meantime, Mr. Fagbile continued to be employed. Ms. Cormier acknowledged that she knewthat it was not legal for the Company to employ Mr. Fagbile in the interim.Ms. Cormier testified that she never received any benefit from this arrangement and was doing whatshe understood was legally required to have Mr. Fagbile continued to be employed in this position.It was her evidence that she believed the arrangement was totally legal. She testified that sheunderstood from Mr. Gilpin that this arrangement was the way to get around the problem.2010 NSSC 252 (CanLII)Ms. Cormier did testify that she knew the arrangeInent only allowed Mr. Fagbile to work for Mr.Dorey. On cross examination, she had difficulty as to whether she knew that it was illegal for Mr.Fagbile to carry out other duties for the company. It was her evidence that he was doing very littlefor the other two residents.Ms. Cormier explained that there was no reference in the documents to the other two residentsbecause this was a contract solely for Mr. Dorey. While it was for his benefit as well, it was for thebenefit ofthe Company.She agreed on cross examination that Ms. Carter was not paying Mr. Fagbile's salary, and knew thatMr. Fagbile continued to work for the company. She continued to make the comments, however,that Ms. Carter was the employer.Ms. Cormier confirmed that on discovery, she had testified that there are ways to work around thesystem, but legally.Ms. Cou11.ier testified that she discussed with Mr. Gilpin the possibility of other immigrant clientsofms coming to Nova Scotia to be employed under the same type of arrangement. Nothing came