Should I file with the Ministry of Labour or small claims court?
For Employment Standards Act claims (wages, overtime, vacation pay, termination pay), filing with the Ontario Ministry of Labour (or equivalent provincial body) is free and often faster. Small claims court is better for claims above ESA amounts or where you want more control over the process.
What is the overtime threshold in Canada?
In Ontario, overtime is owed after 44 hours per week at 1.5× the regular rate under the Employment Standards Act. Federal employees (under Canada Labour Code) have a 40-hour threshold. Other provinces vary: BC = 40 hours/day after 8 hours, AB = 44 hours.
How far back can I claim unpaid wages?
Under the Ontario ESA, the limitation period is 2 years from the date wages became owing. For older claims, you may need to pursue common law damages in court, where the 2-year basic limitation period also applies from when you knew or ought to have known.