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This matter involves an application by Sharecare Homes Incorporated for judicial review of a decision of a consensual arbitrator dated January 29th, 2009. The Respondent is Catherine Cormier.

Sharecare Homes Incorporated (hereinafter referred to as “the Company”) is in the business of running small option homes for disadvantaged individuals. Sharon Nordqvist, Kurt Nordqvist and the Respondent, Catherine Cormier, were all shareholders in the Company. In addition, Ms. Cormier was an employee of the Company. In particular, she was the manager responsible for the daily operation of the business including the hiring of staff.

In May of 2005, Ms. Cormier hired Mr. Fagbile to be a live-in caregiver at one of the Company’s homes. Shortly after Mr. Fagbile commenced his employment with the Company he learned that he was not permitted to work in Canada for a “for profit” organization and that his employment with the small options home was in violation of the terms of his immigration. Ms. Cormier then arranged a plan to have Mr. Fagbile continue to be employed and paid by the Company but make it look like he had been hired by Mr. Dorey’s daughter.