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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.

April 2018 | March 2018 | Convictions Archive



Convictions Under the ESA for April 2018
Name Court Location Type of Prosecution Fine[1] Conviction Date Violation
8708746 Canada Inc. Toronto Part III Prosecution $18,750 April 27, 2018 Fail to comply with an order to pay under s. 103(8), s. 132
Mark E Breyer Brockville Part III Prosecution $1,875 April 26, 2018 Fail to comply with an order to pay under s. 103(8), s. 132
Tye S Farrow Toronto Part III Prosecution $37,500 April 5, 2018 Failing as a director to comply with an order to pay under s. 106, s. 136
1907782 Ontario Inc. O/A Niagara Grandview Manor St. Catharines Part I Ticket $355 April 8, 2018 Fail to pay overtime pay, s. 22(1)
1907782 Ontario Inc. O/A Niagara Grandview Manor St. Catharines Part I Ticket $355 April 8, 2018 Fail to pay vacation pay, s. 35.2

[1]Includes a 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 regulations. Tickets carry a set fine of $295 plus applicable costs and victim fine surcharges.
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 offences.

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Convictions Under the ESA for March 2018
Name Court Location Type of Prosecution Fine[2] Conviction Date Violation
William Moreno O/A Moreno Web Design London Part III Prosecution $3,750 March 27, 2018 Fail to comply with an order to pay under s. 103(8), s. 132
Sam O Pabi Windsor Part III Prosecution $3,750 March 22, 2018 Failing as a director to comply with an order to pay under s. 106, s. 136
2428149 Ontario Inc. Kitchener Part III Prosecution $1,875 March 1, 2018 Fail to comply with an order to pay under s. 103(8), s. 132
Wescast Industries Inc. London Part I Ticket $360 March 26, 2018 Fail to produce records or provide assistance, s. 91(8)
Three Little Pigs Masonry Inc. Newmarket Part I Ticket $355 March 9, 2018 Fail to produce records or provide assistance, s. 91(8)
9159487 Canada Inc. O/A Amaya Real Indian Food Brampton Part I Ticket $360 March 9, 2018 Fail to give day off with public holiday pay – day ordinarily a working day, s. 26(1)
Wolfgang Degendorfer Whitby Part I Ticket $355 March 7, 2018 Fail to make records, s. 15(1)

[2]Includes a 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 regulations. Tickets carry a set fine of $295 plus applicable costs and victim fine surcharges.
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 offences.

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