View cases - Stewart McKelvey

23call from Ms. Cormier that Revenue Canada had advised that was the wrong account and that hewould have to get his own. That was ultimately straightened out and the money being held byRevenue Canada was taken out ofMs. Cormier's account and put into the Company account.Mr. Nordqvistwas directed to exhibit 1 tab 64, whichwas his letter ofFebruary 15, 2006, identifyingMr. Fagbile as being employed as a full-time caregiver for a private client. It was his evidence thatMr. Fagbile had requested the letter because he was looking for a place to live and needed incomeconfirmation. Colin Nordqvist testified he used the word "private client" as all ofthe clients oftheCompany are private clients, or he speculated that Mr. Fagbile may have asked him to use the words"private client."2010 NSSC 252 (CanLII)The arrangement put in place by Ms. Cormier apparently lasted for approximately two years. Mr.Fagbile testified that during that time, Immigration officials came to the house to see him and hisclient and it would have been obvious to them that they were in a company-owned property.I am satisfied on the evidence that Ms. Cormier knew the original arrangements between theCompany and Mr. Fagbile were not permitted. In order to "legally" have Mr. Fagbile continue toprovide his services he would have to be employed and paid by a not for profit entity. He could notcontinue to be employed and paid by the Company. Further, he would have to be employed solelyas a care giver to Mr. Dorey.I am also satisfied that Ms. Cormier knew that the arrangements she put inplace did not change thesubstance ofhis employment circumstances. While Mrs. Carter was designated as the employer shewas not the one paying for Mr. Fagbile. The Company was still the entitypaying. lam also satisfiedshe understood it was not correct to represent that Mr. Fagbile was only to look after Mr. Dorey.While his responsibilities to the other two residents were unusually light for that kind offacility, hisresponsibilities to them continued unch~nged.