The Respondent, Mr. Lay, filed a complaint with Employment Standards regarding unpaid wages after being terminated from his employment. The Director of Employment Standards granted a 1 year extension to Mr. Lay’s complaint and the employer brought an Application for Judicial Review of that Decision. That Application was dismissed by the reviewing Judge and the employer sought leave to Appeal that Decision. Leave was required pursuant to Rule 14.5(1)(g) as the amount at issue was under $25,000.

McDonald J.A. noted that the test for leave to Appeal under Rule 14.5(1)(g) is that there must be a reasonable prospect of success on the Appeal itself, and cited a number of factors to consider. Ultimately, his Lordship held that there was neither an arguable case nor a question of law or importance to the public. The Application was dismissed.