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Prosecution and Conviction Statistics

Prosecutions

The Ministry of Labour prosecutes persons, including corporations, for violations of the Employment Standards Act, 2000 (ESA) and its regulations to ensure compliance and to deter non-compliance.

Prosecutions Initiated by Fiscal Year: 2006-2013
Fiscal Year (April 1 - March 31) Prosecutions Initiated
2006/07 594
2007/08 371
2008/09 505
2009/10 311
2010/11 197
2011/12 468
2012/13 286


Convictions

The following table lists companies or persons who were convicted of an offence under the ESA and/or its regulations for the month(s) listed. This includes some Offence Notices (tickets) under Part I of the Provincial Offences Act (POA), summons under Part I of the POA and prosecutions under Part III of the POA.

Information about convictions under the Employment Standards Act, 2000, is posted on the Ministry of Labour website for one year from the date of posting and then removed from the website. Check our Convictions Archive for past postings.

February 2014 | March 2014 | April 2014 | Convictions Archive

Convictions Under the ESA for February 2014
Name Court Location Type of Prosecution Fine 1 ] Conviction Date Violation
1623127 Ontario Ltd. o/a Tim Horton's Newmarket Part I Ticket $360 February 27, 2014 Fail to pay overtime pay s. 22(1)
LOL CafĂ© Inc. Barrie Part I Ticket $360 February 26, 2014 Fail to give vacation time s. 33(1)
Custom Co-Ex Technologies Inc. Cambridge Part I Ticket $360 February 25, 2014 Require or permit hours of work to exceed limits s. 17(1)
Custom Co-Ex Technologies Inc. Cambridge Part I Ticket $360 February 25, 2014 Fail to pay overtime pay s. 22(1)
Cromade Cabinetry Inc. Niagara Falls Part I Ticket $360 February 21, 2014 Fail to pay overtime pay s. 22(1)
Desaulniers Construction Ltd. Cornwall Part I Ticket $360 February 21, 2014 Fail to pay overtime pay s. 22(1)
Quantum Automotive Group Inc. o/a Mercedes Benz Burlington Part I Ticket $360 February 19, 2014 Require or permit hours of work to exceed limits s. 17(1)
Quantum Automotive Group Inc. o/a Mercedes Benz Burlington Part I Ticket $360 February 19, 2014 Fail to pay overtime pay  22(1)
Quantum Automotive Group Inc. o/a Mercedes Benz Burlington Part I Ticket $360 February 19, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
1353042 Ontario Ltd. o/a Northern Call Solutions Barrie Part I Ticket $360 February 18, 2014 Fail to pay overtime pay s. 22(1)
Attridge Transportation Incorporated Burlington Part I Ticket $360 February 14, 2014 Require or permit hours of work to exceed limits s. 17(1)
Dale A. Drew Cornwall Part I Ticket $360 February 13, 2014 Fail to make records s. 15(1)
Dale A. Drew Cornwall Part I Ticket $360 February 13, 2014 Fail to pay minimum wage s. 23(1)
Edmund Street Incorporated o/a Dairy Queen Hamilton Part I Ticket $355 February 3, 2014 Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay–employee required to work–day ordinarily a working day s. 28(2)
2373552 Ontario Inc. o/a Market Bistro Toronto Part I Ticket $355 February 2, 2014 Fail to pay overtime pay s. 22(1)
2373552 Ontario Inc. o/a Market Bistro Toronto Part I Ticket $355 February 2, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
Mr. India Group Inc. o/a Mr. India Grocers Brampton Part I Ticket $355 February 2, 2014 Fail to give substitute day off with public holiday pay–day not ordinarily a working day s. 29(1)
1100838 Ontario Limited o/a Montfort Grill House Burlington Part I Ticket $355 February 1, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)

[ 1 ] Includes victim fine surcharge imposed by the court as required by the Provincial Offences Act.

Offence Notices/Tickets under Part I of the POA:
On July 14, 2004, employment standards officers were authorized to issue tickets to employers who fail to comply with specific provisions of the ESA and its regulation s. Tickets carry a set fine of $295 plus applicable costs and victim fine surcharge s.
Summons under Part I of the POA:
A summons under Part I of the POA requires the employer to appear in court at a specified time, place and date. If convicted, the maximum fine is $1000 per offence.
Prosecutions under Part III of the POA:
Under Part III Prosecutions, an individual is subject to a maximum fine of $50,000 and/or imprisonment for a term of not more than 12 months upon conviction of an offence. A corporation is subject to a maximum fine of $100,000 for a first offence, $250,000 for a second offence and $500,000 for a third or more offence s.

Convictions Under the ESA for March 2014
Name Court Location Type of Prosecution Fine 1 ] Conviction Date Violation
Merci Mon Ami Inc. o/a We Cater To You Toronto Part I Ticket $360 March 28, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
1823783 Ontario Ltd. o/a Tapp's Restaurant Toronto Part I Ticket $355 March 24, 2014 Fail to pay minimum wage s. 23(1)
F. & K. Trudel Enterprises Inc. o/a Mr. Lube Ottawa Part I Ticket $360 March 21, 2014 Require or permit hours of work to exceed limits s. 17(1)
1353144 Ontario Inc. o/a Tim Hortons Newmarket Part I Ticket $360 March 17, 2014 Fail to produce records or provide assistance s. 91(8)
Marie Therese Diane Fortier Kitchener Part I Ticket $355 March 15, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
Marie Therese Diane Fortier Kitchener Part I Ticket $355 March 15, 2014 Fail to pay vacation pay s. 35.2
Charmaine Ramkalawan Kitchener Part I Ticket $355 March 15, 2014 Fail to pay vacation pay s. 35.2
Charmaine Ramkalawan Kitchener Part I Ticket $355 March 15, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
Royal Manor (Cornwall) Ltd. o/a Royal Manor Cornwall Part I Ticket $360 March 14, 2014 Fail to pay overtime pay s. 22(1)
Sherry's Kitchen Inc. Brockville Part I Ticket $360 March 14, 2014 Fail to pay overtime pay s. 22(1)
Eclipse Stores Inc. Cornwall Part I Ticket $360 March 12, 2014 Fail to pay minimum wage s. 23(1)
1782391 Ontario Ltd. o/a Iron Horse Bar & Grill Barrie Part I Ticket $360 March 11, 2014 Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay–employee agreed to work–day ordinarily a working day s. 27(2)
Cristill Rock Pure Water Inc. Cornwall Part I Ticket $360 March 10, 2014 Improperly withhold or deduct from wages s. 13(1)
1887722 Ontario Ltd. o/a Pavilion Sports Club Newmarket Part I Ticket $355 March 6, 2014 Fail to retain vacation records s. 15.1(5)
Pay Canada o/a Pay Canada Corp. Newmarket Part I Ticket $360 March 5, 2014 Fail to pay wages within time allowed after employment ends s. 11(5)
Shield Consulting Inc. Newmarket Part I Ticket $360 March 5, 2014 Improperly withhold or deduct from wages s. 13(1)
Auscan Development Inc. o/a Bin There Dump That Ottawa Part I Ticket $360 March 3, 2014 Require or permit hours of work to exceed limits s. 17(1)
Auscan Development Inc. o/a Bin There Dump That Ottawa Part I Ticket $360 March 3, 2014 Fail to give substitute day off with public holiday pay–day not ordinarily a working day s. 29(1)
7542305 Canada Inc. o/a Churchills Pub Ottawa Part I Ticket $355 March 1, 2014 Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay–employee required to work–day ordinarily a working day s. 28(2)

[ 1 ] Includes victim fine surcharge imposed by the court as required by the Provincial Offences Act.

Offence Notices/Tickets under Part I of the POA:
On July 14, 2004, employment standards officers were authorized to issue tickets to employers who fail to comply with specific provisions of the ESA and its regulation s. Tickets carry a set fine of $295 plus applicable costs and victim fine surcharge s.
Summons under Part I of the POA:
A summons under Part I of the POA requires the employer to appear in court at a specified time, place and date. If convicted, the maximum fine is $1000 per offence.
Prosecutions under Part III of the POA:
Under Part III Prosecutions, an individual is subject to a maximum fine of $50,000 and/or imprisonment for a term of not more than 12 months upon conviction of an offence. A corporation is subject to a maximum fine of $100,000 for a first offence, $250,000 for a second offence and $500,000 for a third or more offence s.

Convictions Under the ESA for April 2014
Name Court Location Type of Prosecution Fine 1 ] Conviction Date Violation
1705891 Ontario Inc. o/a Transmission Wholesale London Part III Prosecution $1,500 April 14, 2014 Fail to comply with an order to pay under s. 103(8), s. 132
Paradise Dry Cleaners Inc. o/a Paradise Dry Cleaners Newmarket Part I Ticket $355 April 28, 2014 Fail to pay wages on regular pay day s. 11(1)
Roxana C. Goldenberg Newmarket Part I Ticket $355 April 19, 2014 Require or permit hours of work to exceed limits s. 17(1)
Roxana C. Goldenberg Newmarket Part I Ticket $355 April 19, 2014 Fail to pay overtime pay s. 22(1)
Visatkrupa Corporation o/a Subway Guelph Part I Ticket $360 April 15, 2014 Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay–employee required to work–day ordinarily a working day s. 28(2)
2324966 Ontario Inc. Barrie Part I Ticket $360 April 14, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
PM Eglinton o/a Philthy McNasty's Toronto Part I Ticket $360 April 10, 2014 Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay–employee required to work–day ordinarily a working day s. 28(2)
Hakim Optical Laboratory Limited Ottawa Part I Ticket $360 April 7, 2014 Fail to post materials s. 2(3)
2067070 Ontario Inc. o/a Dairy Queen Hamilton Part I Ticket $355 April 5, 2014 Fail to pay regular pay, give substitute day off with public holiday pay or pay premium pay plus public holiday pay–employee required to work–day ordinarily a working day s. 28(2)
Distributions Docteur Deli Inc. / Doctor Deli Distributions Inc. L'Orignal Part I Ticket $360 April 4, 2014 Fail to pay overtime pay s. 22(1)
1554943 Ontario Inc. o/a Panaxis Toronto Part I Ticket $360 April 2, 2014 Fail to give wage statement s. 12(1)
Great Lakes Brewing Company Inc. Toronto Part I Ticket $360 April 1, 2014 Fail to pay overtime pay s. 22(1)
Munro Ltd. Barrie Part I Ticket $360 April 1, 2014 Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)

[ 1 ] Includes victim fine surcharge imposed by the court as required by the Provincial Offences Act.

Offence Notices/Tickets under Part I of the POA:
On July 14, 2004, employment standards officers were authorized to issue tickets to employers who fail to comply with specific provisions of the ESA and its regulation s. Tickets carry a set fine of $295 plus applicable costs and victim fine surcharge s.
Summons under Part I of the POA:
A summons under Part I of the POA requires the employer to appear in court at a specified time, place and date. If convicted, the maximum fine is $1000 per offence.
Prosecutions under Part III of the POA:
Under Part III Prosecutions, an individual is subject to a maximum fine of $50,000 and/or imprisonment for a term of not more than 12 months upon conviction of an offence. A corporation is subject to a maximum fine of $100,000 for a first offence, $250,000 for a second offence and $500,000 for a third or more offence s.

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