View cases - Stewart McKelvey

• "V." . '.24The Company says that Ms. Cormier must have realized that what she was doing was illegal andexposed both she and the Company to prosecution. Further that she either intentionally did not tellthe Nordqvists it was illegal or ifshe tried to suggest that she had told them that is not credible andshe is lying.However the point that has given me the most difficulty is whether Ms. Cormier believed thearrangements were illegal or whether she believed the arrangements were acceptable to overcomea bureaucraticproblem and that such arrangements, while window dressing, were sufficientto satisfythe authorities. In her own words "Certainly, you know, there are ways of working around thesystem." In other words, did she understand that she, and the Company, were doing somethingwrong and thus subject to sanctions or was it an acceptable way ofworkL.""lg around the system.2010 NSSC 252 (CanLII)I am satisfied from observing Ms. Cormier that she had no sophisticated or informed appreciationofwhat might or might not be legally sufficient to satisfy the immigration requirements. At no timedid Mr. Gilpin, or anyone, tell her that the care worker program she was setting up did was notacceptable. Mr. Gilpin was not aware that in substance the Company was going to continue as theemployer. At the same time the fact that he did provide the option ofsuch a program may have leadMs. Cormierto an assumption that this was a matter ofmaking the arrangements look on the surfacethe way they should and as long as the paperwork showed a separate employer and a separatepaymaster that would satisfy the requirements.The fact that Ms. Cormier and Mr. Gilpindiscussed having other clients ofhis cometo Canadaunderthe same arrangements would suggest they each believed the arrangements to be acceptable,recognizing that Mr. Gilpin had a wrong understanding ofthe substance ofthe arrangements. Thefact Mr. Gilpin was prepared to have other clients do the same as Mr. Fagbile, would indicate to Ms.Cormier that Mr. Gilpin was comfortable with her arrangements, without directing her mind to