If you think you have a claim related to an employment law issue, check out the chart below to help you determine the proper venue to bring your claim.
Small Claims Court
- Small Claims Court offers litigants an expedient process
- Small Claims Court offers litigants a simplified procedure
- Has a $35,000 cap on monetary awards – this means that if a judgement at Small Claims Court awards more than $35,000, the amount above the limit will be lost Litigants at Small Claims Court often represent themselves
- If you go to Small Claims Court, you must attend a mandatory settlement conference to try and settle the issue before going to court In most cases, a two-year limitation period applies, meaning that you must bring your claim to the small claims court within two years of the incident
- Small Claims Court is only able to provide monetary awards, so is not the proper venue if you are seeking some other kind of relief such as an injunction
Ontario Superior Court
- The Superior Court offers higher potential monetary awards than Small Claims Court because there is no cap on awards
- There is the possibility that a cost award could be rendered against a party that wins less than $35,000 at the Superior Court for having brought the action in the wrong venue
- There is a simplified procedure for claims under $200,000
- In most cases, a two-year limitation period applies, meaning that you must bring your claim to the small claims court within two years of the incident
Human Rights Tribunal
- The Human Rights Tribunal is the proper venue to make a complaint if an employee is being treated differently because of their citizenship, race, place of origin, ethnic origin, colour, ancestry, disability, age, creed, sex/pregnancy, family status, marital status, sexual orientation, gender identity, gender expression, receipt of public assistance, or record of offences
- There are no cost awards at the Human Rights Tribunal, meaning each party must bear their own legal costs
- A one-year limitation period applies to the Human Rights Tribunal, meaning the complaint must be brought within one year of the incident occurring
- Remedies available at the Human Rights Tribunal include financial compensation, non-financial remedies (e.g. reinstatement at job or reference letter) and public interest remedies (e.g. adoption of non-discrimination policy)
Ministry of Labour
- Employees may file a claim with the Ministry of Labour if they believe that an employer is violating one of the following acts: Employment Standards Act, Employment Protection for Foreign Nationals Act, Occupational Health and Safety Act or Protecting Child Performers Act
- For example, an employee might make a claim with the Ministry of Labour if their employer has paid them less than minimum wage or has not honoured entitled leave An employee can also file a claim with the Ministry of Labour if they believe that their workplace is unsafe
- There is a two-year limitation period for filing a claim with the Ministry of Labour, meaning the claim must be filed within two years following the incident (although this limitation period has been paused due to COVID-19)
