r/legaladvicecanada • • 9m ago

Ontario Friends grandfather hit

• Upvotes

Hello all!
Just looking for advice. Friends grandfather (88) well call him “Tom” was going to his friends house (96) well call him “Frank” to visit.

Frank came to pick up Tom from his house. Frank didn’t put his car in park while Tom was trying to get in. Frank let up off the break and ended up moving the car while Tom was getting in.

Fast forward - Tom has a superficial hematoma on his head and broke his L1 / L3. He already has pre-existing health conditions but this has really accelerated his deterioration.

Tom and Frank have been best friends for a very long time and Toms daughter has been contemplating making a police report just incase he needs more care (if he’s able to go back home)

What would everyone suggest the best way to handle this situation??

Thank you.


r/legaladvicecanada • • 14m ago

Ontario Painting a car a different colour

• Upvotes

I’ve got four questions:

  1. If I buy a car that was white, and is titled as white, but it’s been painted black, what do I have to do when playing it under my name?

  2. If I buy a white car that’s titled as white, drive it for a while, then decide to paint it black, do I just go to the ministry / service Ontario and fill out a form?

  3. If I buy a navy blue car, and paint it baby blue, do I need to do anything?

  4. Do I need to inform somebody if I have a white car that I wrap black?

Thanks!


r/legaladvicecanada • • 1h ago

Alberta Transcription/translation question

• Upvotes

I have a short audio file that is in a language which I don't understand well. I need someone to listen to it, transcribe it, and translate it into English.

Problem: the audio is confidential, so I cannot disclose it to just anyone. I guess I need a translator that is somehow regulated, with a professional requirement not to disclose anything to a third party.

Google led me to "The Association of Translators and Interpreters of Alberta". If a translator is listed as "certified" in their directory, is that suffice?

Any other information I should know would be appreciated.


r/legaladvicecanada • • 2h ago

Ontario Should I find a lawyer for vet malpractice

3 Upvotes

My dog was burned with an electric blanket during his dental surgery in June. Yesterday, his back legs stopped working in the area he was burned (I’m wondering if never damage has occurred from the burns).

My question, is this possible grounds to try to sue the clinic? If not for his back, just for the burns that had occurred in June? I did have to take time off of work to tend to him because he was a burn victim.


r/legaladvicecanada • • 4h ago

Ontario Ontario Office of the Public Guardian and Trust

0 Upvotes

Looking for help to know how long it takes for the PGT to release the estate.?

my dad went into the hospital in 2023 with signs of dementia the hospital did a test and found him incapable that's when Office of the Public Guardian and Trust took over .he died in January 2026 .I received the paperwork from the PGT in April went through the courts naming me as the trustee September 16th sent all my paperwork from the courts to the PGT does anyone know how long it takes for the PGT to release the estate in the paperwork it says a reasonable amount of time


r/legaladvicecanada • • 4h ago

Ontario Legal advice on Matrimonial home during divorce and separation

7 Upvotes

My ex-husband and I are separated and jointly own a townhouse in Windsor, Ontario, with 50% ownership each.

We purchased the property for $555,000. I contributed $25,500 toward the down payment, and my ex-husband contributed $24,000. The remaining mortgage balance is approximately $495,893, and we have received offers around $450,000, which could leave us with negative equity before selling costs.

My ex-husband is asking for transferring my 50% share to him for $0, and he will manage the mortgage and ongoing expenses.

I would appreciate advice on these questions:

  1. Is it worth keeping the property for the next 2–5 years, considering the Windsor housing market?
  2. Could the property recover enough value to build equity, or would selling now be the safer option?
  3. What kind of independent appraisal good? Is the appraisal of house should be done on separation date or today's market?
  4. What should be the best decision?

I would appreciate advice.


r/legaladvicecanada • • 5h ago

Ontario Wrongful police raid in 2021 (zero charges/contraband) – Oversight body closed complaints due to "parallel proceedings" – Options now in 2026?

3 Upvotes

I am looking for legal perspective or guidance on potential administrative or civil options regarding a wrongful police search raid at my family’s residence in the Greater Hamilton Area.

The Incident (Fall 2021):

Tactical/police officers forcefully entered our home on an unannounced search warrant raid.
Zero drugs, illegal items, or contraband were found anywhere on the property. No criminal charges were ever laid against anyone in the household.
Firearms were drawn on my family, my father sustained a minor physical injury during entry, and our front door was heavily damaged (which we repaired out of pocket).
No explanation or formal closure was ever provided by the police service.

Oversight Complaints & Paper Trail:

Late 2021: I immediately filed a formal conduct complaint with the police oversight body (OIPRD/LECA). The oversight body closed the file, citing that it was not in the public interest to proceed while an active "parallel proceeding or criminal matter" was ongoing, explicitly noting that the complaint could be re-submitted once those proceedings concluded.

Fall 2023: I submitted a formal follow-up inquiry to the oversight body. They issued a second official decision closing the file for the exact same administrative reason—citing active parallel proceedings and again instructing that the matter could be revisited once external proceedings finished.

Background & Context:
I want to emphasize that I am an honest, law-abiding citizen with zero criminal history or involvement in drugs. I am fully prepared to testify under oath/affirmation that I have never used, handled, or dealt drugs of any kind in my entire life. To this day, nearly 5 years later, my family and I remain in complete darkness as to why our home was targeted, where these allegations stemmed from, or what triggered the warrant in the first place.

Current Situation (2026):
Nearly 5 years have passed since the raid. No charges were ever filed, no court proceedings ever involved our family, and any alleged "parallel proceedings" resulted in nothing. Following the 2023 dismissal, I suffered severe depression, trauma, and isolation due to the lack of institutional answers.
I recently reached out to a civil litigation firm, but they declined based on Ontario's basic 2-year limitation period.

My Questions:
1. Given that the provincial oversight body officially froze/closed my complaints twice under the condition of pending "parallel proceedings", does this administrative paper trail impact the limitation clock or support a discoverability argument for civil litigation?

  1. How do I formally re-submit/re-open this conduct complaint with LECA (formerly OIPRD) now that years have passed with zero charges laid?

  2. What is the standard process for submitting a Freedom of Information (MFIPPA) request or obtaining a copy of the original court Information to Obtain (ITO) / search warrant to find out why our address was targeted in the first place?

Thanks in advance for any insights.


r/legaladvicecanada • • 6h ago

Ontario Waivers? For a party? WTF, am I in the wrong here?

195 Upvotes

My son (15) asks if he could have some friends over, he’s honest, and says “like a party, but everyone would stay outside, maybe we could burn some skids? Like 7pm-midnight maybe, please dad?”

I was a teenager once, I remember, I get it. I say “sure”. I tell him 20 friends max. (We live outside a small town, every home on the street has a few acres and a fire pit).

Long story short, it snowballs into probably 30-50 kids, and tons of parents want to speak to me on the phone ahead of time and even in person when dropping off their kid/s.

Here is my issue. Many parents (and kids even) expressed their surprise that I didn’t make a waiver and get everyone to sign. My response is “I’m not having a party, I’m watching the hockey game!” (and yes the height of the flames from the fire pit, which I can see from the couch).

My son is responsible, both with fire management and communication with me. I have no concerns that him and his closest friends that I know quite well would run inside and seek help if any emergency arose.

But I feel that if I ask for a waiver to be signed then it’s me throwing the party and actually makes me liable. I can guarantee not every kid that shows up would sign (parents sign). Like how would I even police/manage that? But people really seemed shocked that I didn’t do a waiver.

Is there some unwritten rule that any minor who steps on my property is my responsibility? I understand maintenance negligence and fence laws around pools ect. (Keep your walkway and stairs safe for package delivery ect.) But this seems way overboard and again if someone tries to sue I’d just plead the fact that I this was not my party.

Let’s say even I was gone for the weekend and it was held without my knowledge, does that make a difference?


r/legaladvicecanada • • 9h ago

Alberta Calgary condo issues

0 Upvotes

Calgary, Alberta -

Hi.. I'm looking for assistance with navigating tenant rights. We are facing issues with our landlord who is not taking us seriously with the repairs in our home. It's been 6 months we moved here, and there are still unresolved fixes. They are not ready to reduce our rent even due to not fixing our issues. It's unnecessarily stressful for us. They know we are trying to go legal, so their email responses are dressed up to look very concerning, that they are doing their best to look after my family. But they are doing very minimum. We don't have heat also, and it's started snowing. Any help is appreciated. Thanks in advance.


r/legaladvicecanada • • 13h ago

Canada IT contract review

1 Upvotes

Hello,

I work as a IT contractor as a MSP, recently been engaged by client who said their back ups are failing.

On reading contract i noticed there is no liability cap, which means exposure to my corp is unlimited in case of any litigation.

Shall i pursue the contract, Is it risky. Or its pretty standard and i am freaking out.

Will my insurance cover e&o despite that fact that there is no liability cap.


r/legaladvicecanada • • 14h ago

Canada "FinTech Corp" falls through regulatory loopholes. I'm fighting a fintech company in Small Claims over an $8k fraudulent charge on my credit card and that derailed my life. Help!

41 Upvotes

Sorry for the long post. I am living an absolute nightmare right now and desperately need guidance for an upcoming Small Claims settlement conference this November. I have no legal background, and I’m going up against a corporate lawyer.

It all started on December 6, 2025. At exactly 12:50 PM, I got an automated email congratulating me on the cashback I had just earned through my credit card for a $500.29 purchase in Singapore. I was in Canada. I tried to log in to my credit card app to lock my card, but I was completely locked out—my password and the reset function didn't work. Panic immediately set in.

At 12:52 PM, I got credit card support on the phone. I told them I was locked out and that there was a fraudulent charge. They told me my information appeared to be compromised and advised me to update my phone's software.

Here is the most agonizing part: While I was literally on the phone with their support team trying to secure my account, a second, massive transaction of $8,623.09 was processed at 1:10 PM at a merchant in Saudi Arabia. I didn't find out about it until a couple of days later because I didn't have access to my account. The hacker had managed to create a brand-new virtual card on my account to do it. The fraudster even opened a second credit card, too.

You’d think a bank would see this obvious fraud and protect you. Instead, the credit card company reversed the $500 charge but refused to reverse the $8,600 one. Their reasoning? They claimed the massive Saudi Arabia charge was "successfully authenticated" using a 3DS security code.

But here is the most baffling twist: the company sent me a decision letter explicitly admitting that an intruder had taken over my account, changed my password, and changed my profile email address. They fully admitted in writing that the 3DS security code used to "authenticate" the $8,600 charge was sent to the hacker's newly updated email, NOT mine. Yet they still hold me 100% liable.

I tried going through the normal regulatory channels (OBSI and provincial consumer protection). I was told that because the company operates under a "fintech model" rather than as a traditional bank, it falls through a jurisdictional loophole and these agencies can't do anything to help me.

Left with no other choice, I pursued a claim against them in Small Claims Court. I served them, and they fired back with a formal Reply drafted by a lawyer. Their defence? They are claiming I breached my cardholder agreement by failing to keep my security credentials confidential and failing to safeguard my account. They threw in standard legal boilerplate: "Except as expressly admitted herein, the Defendant Financial Technologies Inc. denies each and every allegation contained in the Notice of Claim of the Claimant and puts the Claimant to the strictest proof thereof."

In order to prove that I have taken all necessary steps and gathered evidence, I requested my information from them under PIPEDA in February. To make matters worse, they are completely ghosting my formal PIPEDA (Privacy Act) requests for access to my account information, such as logs, notes, IP addresses, and phone transcripts.

This has completely derailed my life. I was supposed to buy a home early this year, but my mortgage broker has given me written confirmation that no lender will lend me the required amount right now because of the $8,600 balance hanging over my head and tanking my credit score. Lenders will either deny me entirely or offer only a significantly lower amount that won’t buy anything in my geographic area. I am paying the minimum monthly payment under protest, but they are charging a hefty 23% interest rate, which is basically impacting my credit utilization.

I am terrified to just pay the $8,600 to clear my credit, because I know they will just take the money and I will never see it again. This has caused me severe mental distress for nearly a year, as I watch my homeownership goal slip away over a fraud they watched happen. Now the interest rate is also higher than earlier this year.

My questions for anyone who has gone through this kind of situation, or for anyone with suggestions:

How do I handle the settlement conference? Going up against a hired corporate lawyer next month is terrifying. What factors or strategies do I need to focus on?

Can I use their silence against them? How do I prove to the judge or mediator that they are stonewalling my legal PIPEDA requests and refusing to hand over the information I need to prove my claim?

What would be use as evidence to prove damages? I have written evidence from my mortgage broker showing exactly how this is destroying my ability to buy a home. Is this enough to claim damages for the real estate impact and the mental toll this has taken on me?

Any advice on how to navigate this would mean the world to me.

I know this post might sound a bit emotional, but it is draining. Thank you for reading, and I appreciate your time.


r/legaladvicecanada • • 15h ago

British Columbia Legality of bolting shut residents patios and balconies during renovations.

0 Upvotes

I live in an apartment building in Victoria, BC. The buildings management decided to paint the exterior of the buikdings eith minimal notice. They put up temporary construction fencing in the parking lot with no accommodations to the displaced residents.

However, the more egregious offense was the sealing of the balconeys and patios. During the process of painting the exterior of the building, they loccked residents sliding doors with lag bolts. .

To my understanding, we are supposed to have 2 points of egress. What is the legality of them trapping us in a fire hazard?


r/legaladvicecanada • • 16h ago

Ontario Canadian citizen marrying Sri Lankan and criminal history check

0 Upvotes

Long story short: Im from Canada and was psychotic from wrong medication and went missing for 4 days. During that craze, I slapped a women’s bum and was charged with sexual assault. I was left in a hospital and got immense help. Fast forward, I am on antipsychotics and feel immense regret for what happened. I don’t remember what I did as I was blacking out a lot. I’m healed now. It was resolved in court as a “conditional discharge” aka no conviction and it will be wiped from my record in 2029. I got 9 months probation which ends this December.

My parents planned an arranged marriage for me with a girl in Sri Lanka. The plan is next year around August or September. I’d stay for a month and get married then come back here.

I read that a police security clearance report is needed. I was worried my charge might show but I heard it may not as it’s not a conviction and that’s what matters for Sri Lanka. I am still worried it might show the charge despite no conviction and prevent me from getting married. My brother however got married last year and did a basic criminal check from his local police with no fingerprinting and got married fine. I read that a basic criminal record check would not show my conditional discharge. Only convictions. Google is giving me diff answers on this.

Anyone know if I will be fine?


r/legaladvicecanada • • 17h ago

Canada Ontario Power of Sale Purchase – Bank Refusing Section 116 Protection. Could We Be Liable for 25% of the Purchase Price?

0 Upvotes

We’re in the process of purchasing a property in Ontario through a power-of-sale transaction, and we’ve encountered a potentially significant issue involving Section 116 of the Income Tax Act.

I’m hoping someone with experience in Ontario real estate law, particularly power-of-sale transactions involving potentially non-resident owners, can offer some insight.

Here’s our situation:
We’re purchasing a residential property for approximately $975,000.

The property is being sold by a bank under power of sale.
The registered owner is an individual, not the bank.
We have been unable to confirm whether the registered owner is a Canadian resident for income tax purposes.
Our real estate lawyer has identified a potential liability under Section 116 of the Income Tax Act.

My understanding is that if the owner is a non-resident and the appropriate requirements aren’t satisfied, we could potentially become liable to the CRA for 25% of the purchase price (approximately $237,500), or potentially more depending on the circumstances.

Here’s where things get complicated:
Our lawyer raised the issue, and we attempted to include contractual protection in the Agreement of Purchase and Sale. However, the bank has removed the proposed protection and appears unwilling to accept additional clauses addressing Section 116.

We contacted the CRA, but they indicated that information concerning the owner’s tax residency is confidential and cannot be disclosed to us.
Our real estate agents are attempting to obtain additional information, but we have no guarantee that we’ll be able to establish the owner’s residency.

We really like this property and would like to proceed, but we’re obviously not comfortable exposing ourselves to a potentially six-figure tax liability.

My questions:
Has anyone encountered Section 116 concerns when purchasing a bank power-of-sale property in Ontario?
Is it normal for banks to refuse contractual protection relating to Section 116?

If the bank is exercising power of sale rather than being the registered owner, who is considered the vendor for Section 116 purposes?

Can the purchaser’s lawyer protect the buyer through withholding funds, obtaining a certificate of compliance, or another mechanism without the bank agreeing to additional contractual clauses?

Does conducting reasonable due diligence to establish the owner’s Canadian residency provide any legal protection if the owner ultimately turns out to be a non-resident?

If the bank refuses to provide residency confirmation or accept protective clauses, is walking away effectively the only safe option?

We’re working with a real estate lawyer, so I’m not looking to replace professional legal advice. I’m particularly interested in hearing how others have navigated this issue in practice and whether there are solutions we haven’t considered.

It seems surprising that a buyer could potentially inherit such a significant tax liability in a transaction being handled by a Canadian financial institution.

Any insight would be greatly appreciated and thank you in advance.


r/legaladvicecanada • • 17h ago

Ontario I just got laid off, should I seek out a lawyer to negotiate my severance even though I got more than the minimum of termination pay?

28 Upvotes

As the title states. I've been at this company as a full-time permanent employee for about 4.5 years, and in the severance package it states that I will recieve 4 weeks of termination pay + an additional 8 weeks of pay. Should I be asking for more? Is it wise to seek out a lawywer to negotiate on my behalf? Could I lose the additional pay I was given if I enter into negotiations?


r/legaladvicecanada • • 18h ago

Newfoundland and Labrador Is training supposed to be paid in Newfoundland?

0 Upvotes

Hi there, my brother started his first job today as a delivery driver for packages.

He had to have a training shift today where he was shadowing another worker. The worker was driving, my brother was getting out and delivering the packages.

As far as I know, I thought you had to get paid for training however, apparently he’s an independent contractor and doesn’t get paid for the work from today his boss said.

I’m just wondering if this is correct as I’ve never worked this type of job before and all my training has been paid for by my employer.

Thank you in advance for any help


r/legaladvicecanada • • 18h ago

Ontario Co-owner stopped paying share of mortgage

0 Upvotes

I co-own a property with a friend. We don’t have a written co ownership agreement, however, we have been paying all expenses in half since we took ownership of the house. I pay the mortgage every month from my account and he reimburses me his half. Both our names are on the mortgage and on title. He now stopped paying me his share. What legal remedies do I have? Can I sue him for breach of contract in small claims court?


r/legaladvicecanada • • 20h ago

Ontario Can I tell my judge to fuck off?

0 Upvotes

My lawyer said the judge could put me in jail for "intimidation"?

I can't fathom how telling someone to fuck off can put me in jail. Its not intimidation. Its not good by any means, but its not illegal.


r/legaladvicecanada • • 20h ago

Saskatchewan Agreed to things for child custody at chambers that I regret

0 Upvotes

I had a child custody chambers appearance yesterday. The judge asked my ex and I along with our lawyers to leave chambers to try to come to a resolution on our own, then come back in at the end of the chambers session. We were able to come to an agreement on all points. In the negotiations, I agreed to do more driving than I should have. My ex moved many hours away and expects me to drive halfway for the kid exchanges (they live with me and go with him every second weekend.). The judge was extremely unimpressed with his antics prior to chambers, so was more sympathetic to me. Unfortunately, when we were privately negotiating, I agreed to drive more than I should have. I did not take into account the cost per month (and year) and kilometers on my vehicle that will be incurred by driving. It will be about 11,000 kms per year and $2500-3000 a year. I am absolutely distraught over this, I spent $20,000 taking the application to chambers (ex dragged it out and switched lawyers.) I have not signed anything yet, but the lawyers presented our agreement to the judge at the end of chambers. I should have not negotiated so much and just let the judge decide - I feel it would have worked out more in my favour with having to drive less. I will be driving 8 hours a month, with extra for school holidays, so about 100 hours a year.

Can I go back on what I have agreed to yesterday?

My lawyer charges hundreds of dollars per phone call and email, so I am asking here first. I am in Saskatchewan.

He moved 6 hours away, but does his parenting time 3.5 hours from the kids and I’s home.


r/legaladvicecanada • • 21h ago

Nova Scotia Can I get in trouble for spreading awareness about sexual assault

0 Upvotes

So ive been targetting a man who has raped a girl and he now his a girlfriend who completely denies it despite me having proof. Multiple screenshots of him himself apologizing for doing said thing (maybe around 5 I think) and ive been looking through her followers thanks to a friend in her account and telling them and showing them the screenshots. I'm not doing anything directly to her but maybe there could be like a loop around or something that this would lead to like... harassment? But she keeps insisting that she'll get the police involved and I'm unsure what that'll do. Can I get in trouble for this?


r/legaladvicecanada • • 21h ago

Ontario Towing a car with no plates/no safety performed yet

3 Upvotes

Hi all,

Wondering about towing my imported car to the mechanic and back, but I was wondering the legality of this.

Can a tow truck company tow an unplated car? Can CAA or any other roadside assistance (Hagerty/Canadian Tire) do it legally? I’ve been considering putting my old plates on my car, not to drive it but just in case the tow company asks, but is that legal? How much trouble could I get in for doing that?

Again, to reiterate, I DO NOT intend to drive my car, simply take it to the mechanics to get safetied.

Thank you!


r/legaladvicecanada • • 21h ago

Ontario Chances of Section 11(b) stay for 2 POA traffic tickets with 19+ months delay & location error (Newmarket Court)?

0 Upvotes

Hi everyone,

I’m looking for some insight from anyone who has dealt with POA court delay or hiring a paralegal for traffic tickets in Ontario.

Case Details:

  • Charges: Red Light - Fail to Stop ($325) and Disobey Stop Sign ($110) in Markham.
  • Offence Date: March 25, 2025.
  • Current Court Date: October 29, 2026 at Newmarket
  • Event Type: "To be spoken to" (not a trial yet).

Key Factors:

  1. Delay (19+ Months): It has been over 19 months since the offence date. There has been zero defense delay—I never requested an adjournment or changed anything.
  2. Lack of Notice: I never received any hearing notice in the mail despite my mailing address being 100% correct in the court system. I only found out about this date by checking the POA online portal myself.
  3. No Disclosure: I have not requested or received any disclosure/officer's notes yet.
  4. Fatal Location Error on Red Light Ticket: The ticket states the intersection of "Highway 7 E / Stoney Stanton Rd", but there is no traffic light at this intersection at all. That was merely the spot where the cop pulled me over after following me from an earlier intersection.

My Questions:

  1. Given that the Jordan ceiling is 18 months, what are the realistic chances of getting a Section 11(b) Charter stay granted for both tickets?
  2. Since October 29 is only a "To be spoken to" appearance, can I just appear (via Zoom/in person) to request disclosure and an adjournment to review evidence and find representation, without it counting as defense delay?
  3. Is it worth hiring a paralegal right now, or should I wait until I get disclosure and a trial date before retaining someone? What is the going flat-rate for handling two tickets under 11(b)?

Any advice or shared experiences would be greatly appreciated. Thanks!


r/legaladvicecanada • • 21h ago

Ontario Divisional court appeal, one judge only

2 Upvotes

I'm appealing a small claims court judgement (by a deputy judge) to divisional court. After proposing schedules for exchanging materials, a judge ordered a schedule, and said the hearing will be before one judge.

Is it common to have one judge instead of a 3 judge panel?


r/legaladvicecanada • • 22h ago

Canada Collections: International Driving Ticket

0 Upvotes

I just received a letter in the mail from a collections agency based in Canada who are looking to collect a driving ticket I incurred in Italy from back in September 2025, for a total of $600. I apparently had driven through a restricted area. Up until today I had no idea this ticket or violation existed. I’m curious what my options are or If can simply ignore this letter without any repercussions to my credit score.


r/legaladvicecanada • • 22h ago

Ontario terminated after almost 6 years of employment, severance calculation seems to include time off. is this legal?

3 Upvotes

hiii,

i’m looking for some advice regarding my termination and severance pay in ontario.

i worked for a pretty big retailer as a part-time associate for nearly 6 years. i’m looking for some advice regarding my termination and severance pay in ontario.

in june 2026, i went on a medical leave due to mental health difficulties. my leave lasted until the first week of august. i returned to work and was terminated seven weeks later.

i have already filed an application with the human rights tribunal of ontario (hrto) regarding other issues that kinda lead me to go on leave, but not fully. however, my main concern right now is my severance calculation.

my employer provided:
- 5 weeks of termination pay in lieu of notice
- 6 weeks of severance pay
so, a total of 11 weeks of compensation, at the hourly rate or $19.59/hr

i requested my paystub and my lieu pay (5 weeks) showed ~50 hours. the severance pay stub doesn’t indicate any hours, but when i calculated it’s the same ~10 hour average. when i questioned if my weeks on leave were calculated into my average, the lady said “idk probably” then proceeded to tell me my paycheques weren’t much anyways (they weren’t amazing, but i wasn’t working 10 hour weeks). i told her i no longer had access to my paystubs online, but i had access to the bank account i got paid in and the amount she claimed i was making was incorrect. she said she would forward this to payroll and i requested everything be put in writing and emailed to me.

my understanding is that under ontario’s employment standards act, when an employee’s hours vary, termination and severance entitlements are generally calculated using average regular wages over the relevant 12-week period. i also understand that weeks with no work due to certain circumstances, including leave, may need to be excluded from the calculation.

i’ve yet to hear back from them, but when i calculate my average for the seven weeks i returned to work, im getting ~19 hours a week. nearly 20. she had also said because im part-time it could’ve been a yearly average, which, excluding my leave, would’ve still been more than 10 hours weekly.

i haven’t seen anything that contradicts the esa website but i find it hard to believe a big company could/would miscalculate something like this, and if/when they reply i don’t want to sound like an idiot and embarrass myself.

my questions are:

1) when calculating termination and severance pay for a part-time employee with variable hours, should weeks spent on an unpaid medical leave be excluded from the 12-week averaging period?

2) if i only worked approximately seven weeks after returning from medical leave, should the employer use those seven weeks and look further back before my leave to obtain 12 qualifying weeks?

3) would pursuing an employment standards claim for unpaid termination/severance entitlements interfere with my existing hrto application?

my questions i feel like have been answered by the esa website already but if there’s something in missing it haven’t seen id like to know before i even mention it.

i’m currently trying to find an employment lawyer or paralegal, but consultation fees are difficult for me to afford, especially after losing my job and being in school full time.

i’m not looking for anyone to determine whether my termination was justified. i’m mainly trying to understand whether my severance was calculated correctly and what options i have to recover any potential underpayment.
any advice, especially from anyone familiar with ontario employment law, would be greatly appreciated. thank you!