The applicants rely mainly on the case of Danyluk v. Ainsworth[1], a case which deals with the Employment Standards Act and the applicants argue by analogy that its findings can be applied to the case at bar. In Danyluk, the Employment Standards Officer made a decision. This was a person untrained in the law and ill-equipped to decide complex issues of law. I find that it cannot be said that the case is in any way similar to the case at bar.
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