Prosecution and Conviction Statistics

• Revised: January 2012
• Content last reviewed: January 2012

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.

Convictions

The following table lists 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.

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.

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.

Convictions Under the ESA for October 2011

Name	Court Location	Type of Prosecution	Fine [ 1 ]	Conviction Date	Violation
2251145 Ontario Inc. o/a Naipaul Contracting Services	Toronto	Part 1 Ticket	$360	October 31, 2011	Fail to retain records s. 15(5)
John SK Ltd. o/a Petro Canada	Barrie	Part 1 Ticket	$355	October 30, 2011	Fail to produce records or provide assistance s. 91(8)
868971 Ontario Inc.	Pembroke	Part 1 Ticket	$360	October 28, 2011	Fail to pay overtime pay s. 22(1)
Arlie's Sport Shop Downtown Ltd. o/a Boathouse	Sault Ste. Marie	Part 1 Ticket	$360	October 28, 2011	Fail to pay overtime pay s. 22(1)
The Big Apple Ltd.	Cobourg	Part 1 Ticket	$360	October 27, 2011	Fail to pay overtime pay s. 22(1)
Mandolyn Electronic Technology Inc.	Newmarket	Part 1 Ticket	$355	October 27, 2011	Fail to give notice of termination or pay in lieu of notice s. 54
D!al Tax Professional	Ottawa	Part 1 Ticket	$355	October 27, 2011	Fail to post materials s. 2(3)
Pristine Printing Inc.	Toronto	Part 1 Ticket	$360	October 26, 2011	Fail to pay overtime pay s. 22(1)
Omonia Restaurant & Tavern Limited	Toronto	Part 1 Ticket	$360	October 26, 2011	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)
Saunders Book and School Supplies Limited	Barrie	Part 1 Ticket	$360	October 25, 2011	Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
China Steel Inc.	Sault Ste. Marie	Part 1 Ticket	$360	October 25, 2011	Require or permit hours of work to exceed limits s. 17(1)
Newcastle Golf Course Limited	Oshawa	Part 1 Ticket	$360	October 24, 2011	Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
Cody Party & Events Rental Ltd.	Ottawa	Part 1 Ticket	$360	October 24, 2011	Fail to pay overtime pay s. 22(1)
1724703 Ontario Inc.	Newmarket	Part 1 Ticket	$360	October 21, 2011	Fail to pay minimum wage s. 23(1)
Canadian Precast Limited o/a Cancast	Caledon	Part 1 Ticket	$360	October 20, 2011	Require or permit hours of work to exceed limits s. 17(1)
484258 Ontario Ltd. o/a Mr Greek Meat Market	Toronto	Part 1 Ticket	$360	October 20, 2011	Fail to give wage statement s. 12(1)
Clean My Space Inc.	Newmarket	Part 1 Ticket	$360	October 19, 2011	Improperly withhold or deduct from wages s. 13(1)
843675 Ontario Inc. o/a Unionville Arms Pub & Grill	Newmarket	Part 1 Ticket	$360	October 18, 2011	Fail to pay overtime pay s. 22(1)
Avron Foods Limited	Newmarket	Part 1 Ticket	$360	October 18, 2011	Fail to pay overtime pay s. 22(1)
843675 Ontario Inc. o/a Unionville Arms Pub & Grill	Newmarket	Part 1 Ticket	$360	October 18, 2011	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)
985863 Ontario Inc.	Sault Ste. Marie	Part 1 Ticket	$360	October 17, 2011	Fail to pay overtime pay s. 22(1)
4254830 Canada Inc. o/a Sunrise Cafe & Grill	Newmarket	Part 1 Ticket	$355	October 15, 2011	Improperly withhold or deduct from wages s. 13(1)
Il Postino Restorante Inc.	Newmarket	Part 1 Ticket	$360	October 14, 2011	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)
1615260 Ontario Inc. o/a Fox & Fiddle Pub	Toronto	Part 1 Ticket	$355	October 14, 2011	Fail to pay minimum wage s. 23(1)
Ten-ichi Japanese Restaurant Inc.	Toronto	Part 1 Ticket	$360	October 12, 2011	Fail to retain records s. 15(5)
Ten-ichi Japanese Restaurant Inc.	Toronto	Part 1 Ticket	$360	October 12, 2011	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)
No Kidding Inc. o/a Babur Restaurant	Toronto	Part 1 Ticket	$360	October 12, 2011	Fail to give wage statement s. 12(1)
White Shark Ltd.	Toronto	Part 1 Ticket	$360	October 12, 2011	Fail to make records s. 15(1)
White Shark Ltd	Toronto	Part 1 Ticket	$360	October 12, 2011	Improperly withhold or deduct from wages s. 13(1)
1633869 Ontario Inc.	Ottawa	Part 1 Ticket	$360	October 11, 2011	Fail to pay overtime pay s. 22(1)
Jacob Anthony Salon Corporation	Brampton	Part 1 Ticket	$355	October 11, 2011	Fail to give substitute day off with public holiday pay–day not ordinarily a working day s. 29(1)
TFI Foods Ltd./Les Aliments	Toronto	Part 1 Ticket	$360	October 7, 2011	Fail to pay overtime pay s. 22(1)
2071445 Ontario Inc. o/a The Auld Spot Pub	Toronto	Part 1 Ticket	$360	October 6, 2011	Fail to retain records s. 15(5)
1104704 Ontario Ltd. o/a Megas	Toronto	Part 1 Ticket	$360	October 6, 2011	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)
Ed Christie Limited o/a Christie's Clothing	Barrie	Part 1 Ticket	$360	October 5, 2011	Fail to pay overtime pay s. 22(1)
Markville Ford Lincoln Limited	Newmarket	Part 1 Ticket	$360	October 5, 2011	Fail to pay overtime pay s. 22(1)
2100970 Ontario Ltd. o/a Sofra Grill	Newmarket	Part 1 Ticket	$360	October 5, 2011	Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
Tearo Coffee Inc.	Toronto	Part 1 Ticket	$360	October 5, 2011	Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1)
Toyota Boshoku Canada Inc.	Woodstock	Part 1 Ticket	$360	October 5, 2011	Require or permit hours of work to exceed limits s. 17(1)
Line Steel (1973) Limited	Barrie	Part 1 Ticket	$355	October 4, 2011	Fail to pay overtime pay s. 22(1)
2030344 Ontario Inc. o/a Collingwood Beaver and Bulldog	Barrie	Part 1 Ticket	$360	October 3, 2011	Fail to pay overtime pay s. 22(1)
Gcat Group Inc.	Newmarket	Part 1 Ticket	$355	October 2, 2011	Fail to give wage statement s. 12(1)
Gcat Group Inc.	Newmarket	Part 1 Ticket	$355	October 2, 2011	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)

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

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