By Edwin c. Mercurio
Toronto, Canada – They used their lifetime savings, mortgage their homes and hoped they can earn enough money as mushroom pickers to send to their families in the Philippines.
Those dreams have been shattered as the bitter reality of being deceived sunk in for Abdul Gamal Batua-an; Rommel Chico, KC Lynne Mendoza; Rena Vey Louisa Flores; Ferdinand Bandoquillo; Marian Fatima Torralba; Yhussel Bandoquillo; and Ryan Aporbo. In Small Claims court file number SC-17-00005332-00, it was revealed that the Plaintiffs are all Philippine nationals and were in the Philippines, except, for Aporbo who was in Western Canada.
But the fight for migrant worker rights continue in the halls of justice of Ontario. This time, the workers won a major victory.
Mr. Aporbo was the only plaintiff to give evidence at the trial. The court was informed that the other Plaintiffs are back in the Philippines.
Deputy Judge Michael Bay of the Ontario Small Claims Court at 47 Sheppard Ave. East, Toronto in his decision dated February 21, 2019 wrote that he finds that Defendant Liwayway “Lily” Miranda “illegally recruited, gave legal advice regarding immigration matters and charged them a fee in contravention of the law. And that the Defendants Sharon Mushroom Farms, and A & L Hammer Work Force Management and Marketing are also responsible for these improper acts.”
“Mr. Aporbo gave evidence at trial on behalf of the Plaintiffs.” The judge “finds his evidence credible, and reliable and accepted it without reservation.”
The continuing saga of abuse, exploitation and deceit perpetuated against
migrant workers by Lily Miranda, et al continues to unfold.
As additional cases are filed in the Courts of Justice in Ontario, a clear picture emerges of massive illegal recruitment abroad for workers, the unlicensed facilitation of immigration papers and charging of fees from temporary foreign workers of the Philippines and other parts of world.
Deputy Judge Michael Bay stated in his decision that “Defendants provided immigration services that they are not legally entitled to provide or charge for.”
The Defendants, Lily Miranda-Hammer et al elected not to call evidence.
The court had before it copies of invoices listed as follows:
Two invoices addressed to each of the plaintiffs RenaVey Louisa R. Flores; Ferdinand P. Bandoquillo; Marian Z. Torralba; Yussel B. Munoz;
(1)Invoice for processing fee of LMIA in the amount of $1,000.00. (2)Invoice amounting to $2,000.00 was charged for Visa processing fee.
Each of the above Plaintiffs plead that they paid the invoices amounting to $3,000.00 for each of the above.
In a surprising twist of facts, “the court has before it invoices from the Law Office of Ronen Kurzfeld addressed to the plaintiff Ryan Aporbo in the toal amount of $2,000.00.
Mr. Aporbo told the judge “he never retained this office and the work was done at the behest of the Defendants Lily Miranda and A & L Hammer Work Force.”
Deputy Judge Michael Bay accepted Mr. Aporbo’s “evidence as truthful.”
“I am not satisfied that any of the plaintiffs retained a solicitor to process their applications. If a solicitor was retained, I am satisfied that this was done by the Defendants Lily Miranda and A & L Hammer Work Force Management without the approval of the Plaintiffs. Mr. Apobo, the lone plaintiff who testified, was adamant and that he at no time signed a retainer for the lawyer. I accept his evidence as truthful.”
The judge added that “The Defendants concede that Lily Miranda, A & L Hammer Work Force Management, through which she provides her services are not licensed or entitled to provide immigration services. They maintain, however, that they provided no such services. They maintain that they only acted as recruiters for Sharon Mushroom Farms (an entity operated by Ms. Miranda’s husband).”
“I am satisfied on the evidence of the sole witness heard and the invoices noted above that they recruited abroad for workers and facilitated and charged for the various steps required for temporary foreign worker certification. In other words, these Defendants provided immigration services that they are not legally entitled to provide or charge for. If they retained a lawyer, they did so on their behalf.
The Deputy Judge continued his decision adding “In my view, it is important to emphasize the fact that the illegal provision of professional services, including the services of immigration consultants is to be condemned and dealt with harshly when it arises. An award of punitive damages is therefore, indicated. $6,000.00 is awarded in this regard.”
Damages were also awarded to the Plaintiffs Flores, Bandoquillo, Torralba, Munoz and Aporbo in the amount of $20,000.00 against the Defendants Lily Miranda and A & L Hammer Work Force Management.
In addition, the court decision stated that “The rules of the Court provide that the successful party may be awarded costs of up to 15% of its judgment unless there are exceptional circumstances. This was a two-day trial. There was a Defendant’s Claim. While there do not appear to be extenuating circumstances to justify an award beyond 15%, my tentative view is that an award of costs of 15% of the judgment, being $3,000.00 is right and proper in these circumstances. An additional $350 appear appropriate for Court costs and disbursement..***