What is the process for making a wrongful dismissal claim in Ontario?
If you believe you were wrongfully dismissed in Ontario — meaning your employer terminated you without providing adequate notice or pay in lieu — you have several options for seeking compensation.
The first step is usually to consult a lawyer to assess whether your entitlements exceed what you were offered. Many dismissals are resolved through negotiation without formal proceedings. If negotiation fails, you can bring a civil claim in Ontario's Superior Court of Justice or Small Claims Court (for amounts up to $35,000) for the value of the notice period you were owed.
Separately, you can file a complaint with the Ontario Ministry of Labour under the Employment Standards Act, 2000 if the employer has not met ESA minimums. An employment standards officer can investigate and order payment, but this route only recovers ESA minimums, not common law damages.
For discrimination or harassment, a Human Rights Tribunal application may be available instead of or in addition to a civil claim.
Limitation periods apply. In Ontario, the general limitation period is two years from when you discovered your claim. ESA complaints have shorter timelines. Acting promptly is important.
Key takeaways
- Wrongful dismissal claims can be resolved by negotiation, civil court, or ESA complaint.
- Civil court (Superior Court or Small Claims Court) allows you to claim common law notice.
- ESA complaints recover statutory minimums only — not common law reasonable notice.
- The general two-year limitation period applies to civil claims; act promptly.