Make ThemPay.

Ontario Small Claims Court · claims up to $50,000

They owe you pay.

Two doors. The Ministry of Labour handles Employment Standards Act claims, free, for minimum entitlements. Small Claims Court handles wrongful dismissal and contract pay up to $50,000. Filing an ESA claim bars a civil suit on the same matter (Employment Standards Act, 2000, s. 97), so choose before you file.

Check your claim, free Write the demand letter

What you have to show

  1. 1. Employment and the pay terms: the offer letter, contract, pay stubs.
  2. 2. What is owed: hours, commissions, notice period.
  3. 3. For dismissal: the date, the reason given, and what you did to find new work.

Documents that help

  • • Contract or offer letter.
  • • Pay stubs, ROE, T4.
  • • Termination letter and any release they asked you to sign.
  • • Job search records.

The route

Decide the door first. If Small Claims, a demand letter, then Form 7A. Consider a lawyer call before you choose.

Deadline. Civil: 2 years (Limitations Act, 2002, s. 4). ESA complaints have their own limits [VERIFY current ESA s. 96 limits].

From here to paid

DemandA letter with a date, free. A lawyer's letter on letterhead, $249.ClaimForm 7A filled from your answers, free. Filing Package $49. Filed for you $499.TrackService, defence, default, conference, trial: one dashboard, every deadline counted.CollectGarnishment and writs filled from the judgment. Or hand it off on contingency.

Questions people ask

Can I sue my employer in Small Claims Court in Ontario?
Yes, for a wrongful dismissal or a contract pay claim up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). Minimum entitlements under the Employment Standards Act, 2000, such as termination pay, can also go to the Ministry of Labour at no cost. Choose one path. An ESA claim bars a civil suit on the same matter (Employment Standards Act, 2000, s. 97).
Do I file an ESA claim or a court claim for wrongful dismissal?
You cannot do both on the same matter (Employment Standards Act, 2000, s. 97). The ESA claim is free and covers the statutory minimums. A court claim can include common-law notice, which is often more than the minimum, but it depends on your contract [VERIFY]. If you filed an ESA claim, you can withdraw it within 2 weeks to keep the court route (ESA s. 97). Get advice before you choose.
How long do I have to sue for wrongful dismissal in Ontario?
A court claim must start within 2 years from the dismissal, in most cases (Limitations Act, 2002, s. 4 and s. 5). An ESA claim to the Ministry of Labour has its own limit of 2 years [VERIFY Employment Standards Act, 2000, s. 96]. Talks with the employer do not pause either clock. Use the deadline calculator now, before you negotiate.
What if my wrongful dismissal claim is worth more than $50,000?
Small Claims Court cannot award more than $50,000, not counting interest and costs (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). You can give up the amount above the limit to stay in this court, but you cannot split one claim into two (rule 6.02) [VERIFY abandonment practice]. A claim above the limit goes to the Superior Court of Justice. Get advice before you decide.
Do I need a lawyer for a wrongful dismissal claim?
No, but this area depends on your contract and your facts. You can file Form 7A yourself. A licensed lawyer or paralegal can act for you (Law Society Act s. 26.1). Costs for a representative are capped at 15% of the amount claimed (Courts of Justice Act s. 29; rule 19.04). A lawyer call before you choose the path is a low-cost step.

Other situations

Legal information, not legal advice. Rules cited are from the Rules of the Small Claims Court, O. Reg. 258/98, and the Limitations Act, 2002. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.