Contacts for
Employer Abuses
Federal Labour Minister
Ontario Labour Minister
Employment Standards Act
1 800 531 5551
Ontario Human Rights Commission
Ontario Human Rights Tribunal
Ontario Labour Relations Board
1 877 339 3355
Occupational Health
And Safety Act

1 800 268 8013
Workplace Safety And
Insurance Board

1 800 387 5540
Law Careers
911 Operator
Bailiff
Court Clerk
Criminalist
Police Detective & P.I.
DNA Scientist
Document Server
Finger Print Analyst
Judge / Deputy Judge
Laborotory Scientist
Law Clerk
Lawyer
Paralegal
Police Beat / Gendarme
Receptionist
Secretary
Contracts
Employment
Mitigation
(when fired,
find work)
Non-Completion
Non-Solicitation
Discrimination
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Stereotyping
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Cause
Constructive
(Duties Changed)
Wrongful
More Legal
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Harassment
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Representation
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Complaints
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Compensation
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The Ontario Ministry of Labour's various branches for dealing with employers are listed to the right. However, these people's work have been known to be shoddy. If they hate you, they won't help you

Toronto Courts

ProcedureAddressLimitFiling FeeApplication
Form
Small Claims 47 Sheppard East up to $25 000 $75 to file
$100 for trial
Form 7A
Simple Procedure 10th Floor
393 University
$25 001
to $100 000
$181 Form 14C

Lawsuits: Step By Step

Legal Representation

If you must hire an attorney to help with anything in the left table, I will without charge supply you with a list of lawyer finding websites. Lawyers charge hundreds of dollars per hour plus other expenses.

Lawyers and paralegals charge fees, including taxes, for any or all of the following

  1. An initial consultation fee, usually $100 or more. All lawyer fees include HST. A receipt for legal services is always given

  2. An hourly wage though some accept a pre-determined percentage of money won. Some lawyers and paralegals charge a retainer

  3. A court ordered $20 fee for deposing witnesses

  4. Fees for affidavits, case filings (case filing cost included), court appearances, demand letters, delivering evidence, and subpoenas

  5. Legal Aid Ontario doesn't usually pay for employment related legal cases

  6. Before filing a claim, take your evidence to Law Help Ontario on the Ground Floor of 393 University Avenue or the 3rd Floor of 47 Shepperd Avenue East and a lawyer will free of charge discuss your case with you. A law help Ontario lawyer can free of charge represent you in court but you cannot place such a lawyer's name on a court form as your representative

  7. The Human Rights Tribunal of Ontario has lawyers who will represent you without charge

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Plaintiff

1. File lawsuit and evidence within 2 years of date legal issue came to your attention. Civil claims, federal courts, small claims, simple procedure (in provincial superior court), and the Ontario departments named above right are available to you

2. Deliver lawsuit and evidence to each defendant. Can use courier. Permission must be granted to use Canada Post for out of T.O. deliveries

3. Court sets mediation date and location (usually at court address). A judge, who is not the trial judge, conducts the mediation which is usually called a settlement conference. The mediation judge will make a final decision on the case if the opposing parties agree to this before the mediation

4. If mediation doesn't result in a settlement, then depositions and a trial can occur. Plaintiff must prove their case beyond a reasonable doubt

5. Court decides who is awarded how much money but does not collect the money awarded sometimes forcing a garnishing hearing

6. The Small Claims law forbids the court from ordering the loser to pay the winner's legal fees if the amount awarded is $2500 or less. Such verdicts are non-appealable

7. Plaintiffs can seek the amount sought in the claim, cost of legal fees for cases over $2500, $20 in disbursements, $50 in claim preparation, court costs for filing a claim, filing motions, and $20 for each witnesses deposition and trial testimony

8. Verdicts are appealed for those willing to pay the appeal's costs

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Defendant

1. The defendant has 20 days to respond to a cliam after being personally served with the claim. This goes to 40 days if the claim is mailed. The plaintiff can file for a default judgement or discontinue the claim if the defendant is late filing a defense or does not file a defense

2. The defendant, after receiving the plaintiff's claim, has 40 days to serve the plaintiff with a defendant's claim

3. The defendant can file a motion to dismiss with legal costs. For claims under $2500 the defendant is not entitled to legal costs. In such cases, the defendant can at maximum get $20 for disbursements, $50 for having to file a defense, $20 for each witness deposition and testimony during motions and trials, and 15% of the plaintiff's asked for claim

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Ending A Claim

1. At trial, a judge or jury, decides the case. Small claims cases are decided by a judge or deputy judge who tries the case. Cases before Ontario government commissions and tribunals are decided by arbitraters. It is the case winner's job to collecrt amounts awarded from the case loser. Garnishment hearings can be filed by the case winner against the case loser. In these hearings, the hearing's loser must pay the winner's legal and filing costs if the hearing judge so orders.

2. At anytime, one party can serve an opposing party an offer to settle via the apporpriate legal forms. The case is over if the opposing party accepts the offer. The served party can ask the serving party to adjust the offer to settle. In this case, a new offer to settle is made which is accepted by the served party. At this point, the Offer to Settle form with the accepted offer to settle written exactly on it, and the Acceptance of Offer to Settle form are filed at the court by both parties ending the case

3. A consent form can be signed by both parties when a settlement is negotiated at mediation or by the parties negoiating with each other independent of a judge

4. See 1 in Defendant and 3 in Plaintiff above for more ways of ending a claim

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