Lawyers for Fiera Foods, which has produced baked goods for Tim Hortons, Walmart and others, say the industrial bakery complied with all tax laws.
Diaby’s death was the catalyst for a 2017 Star investigation, which saw anThat agency is not amongst the 13 named in Fiera’s tax case. But it shared many similarities with the suppliers described in court: Its official address was an empty unit in a strip mall. It paid cash wages at a payday lender. Its workers received no T4s or pay stubs.
Central to that dispute is the question of whether Fiera can accurately document the vast amounts of labour procured from a web of 13 temporary help agencies — and whether those agencies were truly capable of what government lawyers called the “Herculean” task of delivering hundreds of workers to the shop floor.
To get those workers, Fiera relied heavily on a network of temp agencies; the majority of the factory’s roughly 1,000-strong workforce was temporary between 2011 to 2014. As required by law, the factory checked its labour suppliers were in good standing at the workers’ compensation board and were HST registrants, the company’s chief financial officer Mahendra Bungaroo testified.
During their time at Fiera, workers often cycled through multiple agencies, payroll records showed. In a given week, a group of hundreds of temps would be entered in Fiera’s system as employees of one agency; days later, the same group would show up as employees of an entirely different agency. One worker told the court he ended up at Fiera shortly after arriving in Canada from the Middle East in 2011. Since he did not yet have a valid work permit, a friend recommended a “cash” job at the industrial bakery. The man said he showed up at the factory asking for work, and never personally spoke to a temp agency.
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