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Convicted: 11997629 Canada Ltd., 8633177 Canada Inc. and 9039376 Canada Inc. The corporations have operated under various names including Trinity International Investments. Also convicted were Keo Vichira Yong, Doris Sow and Korka Sow, who acted as corporate directors.

Location of Workplace: 116 Albert Street, Third Floor, Ottawa, Ontario, KIP 5G3

Description of Offence: The defendants were convicted of 20 offences under the Employment Standards Act (ESA); 18 counts of failing to comply with orders to pay wages and two counts of failing to comply with demands for records.

Date of Offence: July 2021 to December 2022

Date of Conviction: February 6, 2024

Penalty Imposed:

• Following an ex parte trial in Provincial Offences Court, Ottawa, the six defendants were fined a total of $720,000 by Justice of the Peace Mahamud Hussein Elmi; Crown Counsel: Madeleine Chin-Yee.

• The three directors were fined $175,000 total for eight counts of failing to comply with orders to pay, and the three corporations were fined $545,000 for 10 counts of failing to comply with orders to pay wages and two counts of failing to comply with demands for records.

• The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Background:

• Seven employees of the three numbered corporations filed claims with the Ministry of Labour, Immigration, Training and Skills Development for unpaid wages. After an investigation, an employment standards officer found the employees were owed approximately $340,000.

• The officer issued orders to the companies and directors to pay wages owed. Neither the companies nor the directors complied with the orders and the entire amount of each order remains outstanding. Failing to comply with an order issued by an employment standards officer is an offence under sections 132 and 136 of the ESA.

• The officer could not determine how many more employees might be owed wages as the companies failed to comply with demands for records. Under subsection 91(8) of the ESA, a person who has custody of a record shall produce it if an employment standards officer demands it be produced. It is an offence under section 132 to fail to comply with a requirement under the ESA.

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