Prosecution and Conviction Statistics
- Revised: May 2013
- Content last reviewed: May 2013
- See also: Enforcement Activities | Investigations and Inspection 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.
| 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 |
Court Bulletins
February 1, 2013
Employer Fined $17,000 for Ignoring Orders to Pay
November 8, 2012
Director Jailed and Companies Fined After Failing to Pay Employees
January 24, 2012
Fitness Club Operator and Director Fined $130,000 for Employment Standards Violations
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.
January 2013 | February 2013 | Convictions Archive
| Name | Court Location | Type of Prosecution | Fine [ 1 ] | Conviction Date | Violation |
|---|---|---|---|---|---|
| Ryan Langtry o/a Langtry Lawn Care |
Ottawa | Part III | $20,125 | January 25, 2013 | Fail to comply with an order to pay under s. 103(8), s. 132 |
| 1727307 Ontario Inc. o/a Village Market |
Toronto | Part I Ticket | $360 | January 29, 2013 | Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1) |
| 1222345 Ontario Limited o/a Subway Store #257 | Newmarket | Part I Ticket | $360 | January 29, 2013 | Fail to give wage statement s. 12(1) |
| 1222345 Ontario Limited o/a Subway Store #257 | Newmarket | Part I Ticket | $360 | January 29, 2013 | Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1) |
| Total Security Management Services Inc. | Ottawa | Part I Ticket | $360 | January 29, 2013 | Fail to post materials s. 2(3) |
| 1722115 Ontario Ltd. o/a Nice One Nails |
Toronto | Part I Ticket | $355 | January 28, 2013 | Fail to pay minimum wage s. 23(1) |
| Healthcare Services Group Inc. | Niagara Falls | Part I Ticket | $355 | January 27, 2013 | Fail to give vacation time s. 33(1) |
| 1384553 Ontario Inc. o/a La Piazza Courtyard and Lounge |
Ottawa | Part I Ticket | $360 | January 23, 2013 | Improperly withhold or deduct from wages s. 13(1) |
| Atlantic Employment Services Limited o/a Maxsys Staffing and Consulting | Kitchener | Part I Ticket | $355 | January 18, 2013 | Require or permit hours of work to exceed limits s. 17(1) |
| Boqun MG | Newmarket | Part I Ticket | $360 | January 17, 2013 | Fail to make records s. 15(1) |
| 1425199 Ontario Inc. o/a Wacky Wings |
Sault Ste. Marie | Part I Ticket | $360 | January 15, 2013 | Fail to post notice s. 93 |
| 2179524 Ontario Ltd. o/a Happy Nails & Spa |
Newmarket | Part I Ticket | $360 | January 15, 2013 | Fail to produce records or provide assistance s. 91(8) |
| 2308492 Ontario Inc. o/a Country Style |
Newmarket | Part I Ticket | $360 | January 15, 2013 | Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1) |
| 1371795 Ontario Inc. o/a Pioneer Energy |
Brampton | Part I Ticket | $235 | January 9, 2013 | Fail to retain records s. 15(5) |
| Complete Mechanical Contractors Ltd. | Caledon | Part I Ticket | $360 | January 9, 2013 | Fail to pay overtime pay s. 22(1) |
| De Feng Yuan Corporation o/a Freshland Supermarket | Ottawa | Part I Ticket | $360 | January 8, 2013 | Fail to give substitute day off with public holiday pay–day not ordinarily a working day s. 29(1) |
| 2192899 Ontario Inc. o/a Yogis Noodles Delight |
Brampton | Part I Ticket | $360 | January 3, 2013 | Fail to give wage statement s. 12(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.
| Name | Court Location | Type of Prosecution | Fine [ 1 ] | Conviction Date | Violation |
|---|---|---|---|---|---|
| Jang Kalano | Newmarket | Part III | $9,375 | February 21, 2013 | Failing as a director to comply with an order to pay under s. 106., s. 136 |
| Numeric Corp. | Newmarket | Part III | $12,500 | February 21, 2013 | Fail to comply with an order to pay under s. 103(8), s. 132 |
| Varni Corporation o/a Subway | Newmarket | Part I Ticket | $360 | February 27, 2013 | Fail to retain records s. 15(5) |
| Mark Motors of Ottawa (1987) Limited | Ottawa | Part I Ticket | $360 | February 26, 2013 | Require or permit hours of work to exceed limits s. 17(1) |
| Mark Motors of Ottawa (1987) Limited | Ottawa | Part I Ticket | $360 | February 26, 2013 | Fail to give substitute day off with public holiday pay–day not orginaly a working day s. 29(1) |
| 1117351 Ontario Inc. o/a Subway | Ottawa | Part I Ticket | $360 | February 25, 2013 | Fail to pay overtime pay s. 22(1) |
| Fox London Inc. o/a Fox and Fiddle | London | Part I Ticket | $360 | February 21, 2013 | Require or permit hours of work to exceed limits s. 17(1) |
| J.R. One, Ltd. o/a Juice Rush! |
Toronto | Part I Ticket | $360 | February 21, 2013 | Fail to give substitute day off with public holiday pay–day not orginaly a working day s. 29(1) |
| 2241565 Ontario Inc. o/a KK Sushi Japanese | Brampton | Part I Ticket | $360 | February 20, 2013 | Fail to pay minimum wage s. 23(1) |
| Starbucks Coffee Canada | Oshawa | Part I Ticket | $360 | February 19, 2013 | Require or permit hours of work to exceed limits s. 17(1) |
| No. 1 Goldlake International Ltd. o/a Baskin Robbins | Oshawa | Part I Ticket | $360 | February 15, 2013 | Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1) |
| Norlson International Ltd. o/a Coffee Time Donuts | Toronto | Part I Ticket | $360 | February 14, 2013 | Fail to give substitute day off with public holiday pay–day not orginaly a working day s. 29(1) |
| 2041188 Ontario Inc. o/a Petro Canada | Toronto | Part I Ticket | $360 | February 13, 2013 | Fail to give day off with public holiday pay–day ordinarily a working day s. 26(1) |
| 2324709 Ontario Inc. o/a Kemptville Ultramar | Brockville | Part I Ticket | $360 | February 13, 2013 | Fail to give weekly or bi-weekly period free from work s. 18(4) |
| Petro V Plus Ltd. | Brampton | Part I Ticket | $235 | February 13, 2013 | Fail to give wage statements s. 12(1) |
| 162784 Ontario Inc. o/a Booster Juice | Toronto | Part I Ticket | $360 | February 12, 2013 | Fail to give substitute day off with public holiday pay–day not orginaly a working day s. 29(1) |
| 2233002 Ontario Inc. o/a Wild Wing | Niagara Falls | Part I Ticket | $360 | February 7, 2013 | Fail to pay regular pay, give substitue day off with public holiday pay or pay premium pay plus public holiday pay–employee agreed to work–day orindarily a working day s. 27(2) |
| 2050598 Ontario Inc. | Newmarket | Part I Ticket | $300 | February 4, 2013 | Fail to give substitute day off with public holiday pay–day not orginaly a working day s. 29(1) |
| Black Bull Pub and Eatery Ltd. | Caledon | Part I Ticket | $355 | February 2, 2013 | Fail to pay wages on regular pay day s. 11(1) |
| Black Bull Pub and Eatery Ltd. | Caledon | Part I Ticket | $355 | February 2, 2013 | Fail to pay regular pay, give substitue 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.
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