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Prosecution and Conviction Statistics
- Upadted: May 2009
- Content Last Reviewed: June 2009
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.
| Year | Prosecutions Initiated |
|---|---|
| 2003 | 5 |
| 2004 | 226 |
| 2005 | 318 |
| 2006 | 456 |
| 2007 | 345 |
| 2008 | 480 |
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 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 $500 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.
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.
| Name | Court Location | Type of Prosecution | Fine [ 1 ] | Conviction Date | Violation |
|---|---|---|---|---|---|
| New Friends of Children Inc. | Barrie | Part III Prosecution | $18,750 | April 29, 2009 | Fail to comply with an order to pay under s. 103(8), s. 132 (2 counts) |
| Faye Hughes, a director of New Friends of Children Inc. | Barrie | Part III Prosecution | $3,000 | April 29, 2009 | As a director, authorizing, permitting or acquiescing in the failure to comply with an order to pay s. 103(8) and s. 137(1) (2 counts) |
| Keith Earl Nicholson, a director of New Friends of Children Inc. | Barrie | Part III Prosecution | $1,125 | April 29, 2009 | As a director, authorizing, permitting or acquiescing in the failure to comply with an order to pay s. 103(8) and s. 137(1) |
| 1718711 Ontario Inc. o⁄a Planet Pizza | London | Part I Ticket | $360 | April 30, 2009 | Fail to pay overtime pay s. 22(1) |
| Taro's Fish Inc. | Toronto | Part I Ticket | $360 | April 29, 2009 | Fail to pay overtime pay s. 22(1) |
| Parkway Car Wash Ltd. | Toronto | Part I Ticket | $360 | April 29, 2009 | Fail to give day off with public holiday pay — day ordinarily a working day s. 26(1) |
| Norbro Holdings Ltd. | Cornwall | Part I Ticket | $360 | April 27, 2009 | Require or permit hours of work to exceed limits s. 17(1) |
| Fitness One Scarborough Inc. o⁄a Fitness For Women | Toronto | Part I Ticket | $360 | April 24, 2009 | Fail to make vacation records s. 15.1(1) |
| Fitness One Scarborough Inc. o⁄a Fitness For Women | Toronto | Part I Ticket | $360 | April 24, 2009 | Fail to give vacation time s. 33(1) |
| Mirage Press Inc. | Newmarket | Part I Ticket | $360 | April 23, 2009 | Require or permit hours of work to exceed limits s. 17(1) |
| 1327601 Ontario Inc. o⁄a Boston Pizza | Brampton | Part I Ticket | $355 | April 18, 2009 | Fail to pay minimum wage s. 23(1) |
| Tipaya Baelde | Ottawa | Part I Ticket | $355 | April 18, 2009 | Fail to pay minimum wage s. 23(1) |
| 1258895 Ontario Limited o⁄a Zak's | Ottawa | Part I Ticket | $360 | April 17, 2009 | Fail to give day off with public holiday pay — day ordinarily a working day s. 26(1) |
| Wade General Contracting Ltd. | Pembroke | Part I Ticket | $360 | April 17, 2009 | Fail to pay overtime pay s. 22(1) |
| 1759684 Ontario Limited o⁄a Baskin Robbins | Brampton | Part I Ticket | $360 | April 16, 2009 | Fail to give substitute day off with public holiday pay — day not ordinarily a working day s. 29(1) |
| Naan Bar Inc. o⁄a Amaya Express | Toronto | Part I Ticket | $360 | April 15, 2009 | Fail to retain records s. 15(5) |
| 1727799 Ontario Inc. o⁄a Amaya, The Indian Room | Toronto | Part I Ticket | $360 | April 15, 2009 | Fail to pay minimum wage s. 23(1) |
| 1727799 Ontario Inc. o⁄a Amaya, The Indian Room | Toronto | Part I Ticket | $360 | April 15, 2009 | Fail to pay public holiday pay — employee agreed to public holiday pay in lieu of substitute day — day not ordinarily a working day s. 29(3) |
| Coconut Grove Pads Inc. | Newmarket | Part I Ticket | $360 | April 15, 2009 | Require or permit hours of work to exceed limits s. 17(1) |
| Synergex Logistics Corp. | Brampton | Part I Ticket | $355 | April 14, 2009 | Require or permit hours of work to exceed limits s. 17(1) |
| Synergex Control Automation Inc. | Brampton | Part I Ticket | $355 | April 14, 2009 | Fail to give day off with public holiday pay — day ordinarily a working day s. 26(1) |
| Soon Ko & Insuk Ko o⁄a Coffee Time Donuts | Brampton | Part I Ticket | $355 | April 14, 2009 | Fail to pay minimum wage s. 23(1) |
| D.N. & Co. o⁄a Mucho Burrito | Brampton | Part I Ticket | $355 | April 14, 2009 | Fail to give day off with public holiday pay — day ordinarily a working day s. 26(1) |
| Benisasia Funeral Home Inc. | Brampton | Part I Ticket | $355 | April 14, 2009 | Fail to pay overtime pay s. 22(1) |
| Elio Da Silva o⁄a Baby Cribs | Brampton | Part I Ticket | $360 | April 14, 2009 | Fail to pay minimum wage s. 23(1) |
| Hagop Dokmajian o⁄a Agop's Bakery | Ottawa | Part I Ticket | $360 | April 14, 2009 | Fail to pay minimum wage s. 23(1) |
| 1421468 Ontario Inc. o⁄a Zorba The Greek | Toronto | Part I Ticket | $360 | April 14, 2009 | Fail to make records s. 15(1) |
| 1543212 Ontario Inc. o⁄a Cora's | Brampton | Part I Ticket | $355 | April 11, 2009 | Fail to give substitute day off with public holiday pay — day not ordinarily a working day s. 29(1) |
| The Green Door Restaurant Inc. | Ottawa | Part I Ticket | $360 | April 9, 2009 | Fail to pay overtime pay s. 22(1) |
| 2176738 Ontario Inc. | Pembroke | Part I Ticket | $360 | April 9, 2009 | 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) |
| 3091779 Nova Scotia Inc. o⁄a Laura Secord | Oshawa | Part I Ticket | $355 | April 7, 2009 | Fail to make vacation records s. 15.1(1) |
| Empire Foods Ltd. | Newmarket | Part I Ticket | $360 | April 7, 2009 | Fail to give day off with public holiday pay — day ordinarily a working day s. 26(1) |
| Pickle Barrel (Vaughan) Limited o⁄a Pickle Barrel | Newmarket | Part I Ticket | $360 | April 3, 2009 | Require or permit hours of work to exceed limits s. 17(1) |
[ 1 ] Includes victim fine surcharge imposed by the court as required by the Provincial Offences Act. ef="http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm" title="(www.e-laws.gov.on.ca)" class="laws">Provincial Offences Act.
