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Prosecution and Conviction Statistics

Prosecutions

The Ministry of Labour, Training and Skills Development 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 by Fiscal Year: 2015-2020
Fiscal Year (April 1 – March 31) Part I Tickets Issued * Part III Prosecutions Initiated Total Prosecutions
2014/2015 440 35 475
2015/2016 861 94 955
2016/2017 765 115 880
2017/2018 154 79 233
2018/2019 36 50 86
2019/2020 10 33 43

"The source of this data is the Employment Standards Program’s case management system. Due to the ongoing nature of the ministry’s enforcement activities, these numbers may be subject to change. The data reported here is current as of August 5, 2020."



Convictions by Month

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.

February 2020 |Convictions Archive


Convictions Under the ESA for February 2020
Name Court Location Type of Prosecution Fine[1] Conviction Date Violation
Byron Freehouse Inc. London Part III Prosecution $1,875 February 25, 2020 Fail to comply with an order to pay under section 103(8), section 132
Katarzyna Banasik, a director of Byron Freehouse Inc. London Part III Prosecution $610 February 25, 2020 Failing as a director to comply with an order to pay under section 106, section 136
9002693 Canada Ltd. o/a Jordan Stewart Boutique London Part III Prosecution $1,125 February 10, 2020 Fail to comply with an order to pay under section 103(8), section 132
Lazaro Urbina Pedromo, a director of Xatruch Roadside Servces Inc. Toronto Part III Prosecution $300 February 3, 2020 Failing as a director to comply with an order to pay under section 106, section 136
Lazaro Urbina Pedromo, a director of Xatruch Roadside Servces Inc. Toronto Part III Prosecution $300 February 3, 2020 Failing as a director to comply with an order to pay under section 106, section 136
Philips Pharmaceutical and Dental Associates Ltd. o/a Philips Pharmacy Oshawa Part I Ticket $355 February 5, 2020 Fail to pay vacation pay accrued when employment ends, section 38


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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