Search Results

When a tenant falls behind on rent, it can already place a landlord in a stressful position. But when that same tenant files for bankruptcy , the situation becomes even more complicated. Many landlords ask: Can I still terminate the tenancy? Will the Landlord and Tenant Board (LTB) continue my application? Do I lose my right to collect rent arrears? What happens to future rent payments? This post explains, in practical terms, what happens when a tenant files bankruptcy in Ontario, what “stay of proceedings” really means, and what steps a landlord can take. Bankruptcy Does Not Erase Rent — But It Changes How You Can Collect When a tenant assigns into bankruptcy , all of the tenant’s assets form what is called a “bankrupt estate.” A Licensed Insolvency Trustee (LIT)  is appointed to: administer the estate liquidate assets if needed distribute funds to creditors according to priority rules If the tenant owes you rent, you are legally considered a creditor . How landlords are ranked as creditors In bankruptcy, creditors are generally classified as: Secured creditors- Debts backed by collateral (e.g., a mortgage). They are paid first. Preferred creditors- Unsecured creditors with statutory priority. Landlords fall into this category for up to three months of unpaid rent  prior to the bankruptcy. Unsecured creditors- All remaining creditors with no security. Any rent arrears beyond the three-month preferred portion are treated as unsecured debt . What a landlord receives will depend on how much money is available in the estate and how many creditors are ahead in priority. What Is a “Stay of Proceedings” — and How Does It Impact Your LTB Case? Once a tenant files bankruptcy: Any legal action or debt collection activity relating to debts incurred before the bankruptcy  is generally stayed (paused)  until the tenant is discharged or the Court orders otherwise. For landlords, this means: If your LTB application seeks: termination of the tenancy and payment of rent arrears that arose before the bankruptcy → the money-collection portion is stayed , because those arrears must now be dealt with in the bankruptcy process, not at the LTB. The LTB does not have jurisdiction  over pre-bankruptcy rent arrears once bankruptcy is filed. However, this does not automatically prevent  a landlord from pursuing issues related to: current rent owing after  the bankruptcy, or termination based on ongoing non-payment going forward The key distinction is: pre-bankruptcy arrears  → handled in bankruptcy post-bankruptcy arrears  → may still support a new LTB application How Will a Landlord Know the Tenant Filed Bankruptcy? You will normally receive written notice. The trustee in bankruptcy  will send you: a notice advising that the tenant has filed bankruptcy information about whether a creditors’ meeting will occur As a landlord, you should: File a Proof of Claim You will need to calculate: total arrears up to the date of bankruptcy Your claim will typically include: up to 3 months of unpaid rent  as a preferred claim , and any remaining arrears as an unsecured claim The trustee will later distribute available funds according to creditor priority. What If You Already Served a Notice for Non-Payment or Filed an LTB Application? This is a common situation. If you served a notice to terminate for non-payment of rent , or you already filed an LTB application, and you then learn the tenant has gone bankrupt: The trustee should be added as a party Because the trustee steps into the tenant’s position for debt-related purposes, the landlord should: amend the notice and/or application to add the trustee in bankruptcy mark the documents as “AMENDED” serve: the trustee at their business address, and the tenant The LTB cannot decide the pre-bankruptcy arrears Those arrears are now: a provable claim in bankruptcy under bankruptcy court jurisdiction The effect is: the arrears portion  of the LTB application is stayed the Board may still consider issues relating to the tenancy itself, where appropriate There cannot be two parallel proceedings addressing the same pre-bankruptcy debt. What If There Was a Mediated Settlement and the Tenant Later Files Bankruptcy? Sometimes a landlord and tenant sign a mediated LTB agreement that includes: a payment plan for arrears, and conditions for ongoing tenancy If the tenant later files bankruptcy and breaches the agreement: the landlord may re-open the LTB matter or file an ex parte request for termination only However: The LTB cannot order payment of pre-bankruptcy arrears , because those arrears must now be dealt with through the bankruptcy claim process. What Happens to Rent Paid After Bankruptcy Is Filed? Payments made after  the bankruptcy filing date are normally applied to: current rent owing Unless the tenant or trustee clearly directs otherwise. Bankruptcy does not eliminate the tenant’s obligation to continue paying rent going forward. What If the Tenant Fails to Pay Rent After Filing Bankruptcy? Bankruptcy only affects debts incurred before the bankruptcy filing date . If the tenant fails to pay rent after  filing: those arrears are new debts you may serve a new notice for non-payment and file a new LTB application  based on post-bankruptcy arrears These amounts are not covered by the original stay of proceedings. In other words: Bankruptcy may affect past arrears It does not  give the tenant a free right to remain without paying rent afterward Practical Guidance for Landlords When a tenant files bankruptcy: Confirm the bankruptcy date  and trustee information File a Proof of Claim  for arrears up to the bankruptcy date Understand that: pre-bankruptcy arrears belong in the bankruptcy process post-bankruptcy arrears may still support new LTB action Monitor ongoing rent payments closely Keep thorough documentation Seek legal advice where appropriate — especially if termination and bankruptcy issues overlap Final Takeaway For landlords, the most important distinctions are: Pre-bankruptcy arrears → become a bankruptcy claim and cannot be enforced through the LTB Post-bankruptcy arrears → may still justify new LTB notices and applications Bankruptcy may pause or redirect how arrears are handled — but it does not prevent a landlord from enforcing ongoing rent obligations or, where appropriate, seeking termination of the tenancy going forward.

Understanding Your Rights Under Ontario Employment Law When starting a new job, many people expect to sign a formal written contract. But in Ontario, that doesn’t always happen. Sometimes you may only receive an offer letter, or even just a verbal agreement to start work. This raises an important question: If you don’t have a written employment contract, are you still protected? The short answer is yes  — but it’s important to understand how . 1. No Written Contract Doesn’t Mean “No Contract” Under Ontario law, an employment relationship is a type of contract — even if it’s not written down. If you accept a job and start working, a contract exists automatically through your agreement to work and the employer’s agreement to pay you. This is often called an implied employment contract . However, the terms of that contract are not just “whatever was said.” They are also shaped by: Employment Standards Act, 2000 (ESA)  – the minimum rights for most employees in Ontario. Human Rights Code  – protection against discrimination in employment. Common law  – judge-made rules that fill in the gaps, such as reasonable notice for termination. 2. What the ESA Gives You — Even Without a Written Agreement The ESA applies to most employees in Ontario and sets out minimum standards that your employer must follow, including: Minimum wage  – You must be paid at least the current Ontario minimum wage. Hours of work and overtime pay  – Limits on daily/weekly hours and entitlement to overtime pay after 44 hours/week (unless exempt). Public holidays  – Paid public holiday entitlements. Vacation time and pay  – Minimum two weeks (three weeks after five years) plus vacation pay. Leaves of absence  – For example, pregnancy/parental leave, sick leave, family responsibility leave. Termination pay  – Minimum notice or pay in lieu when your employment ends (unless you were dismissed for just cause). Your employer cannot contract out  of these rights — even if you had signed something saying otherwise. 3. Common Law Protections — Often More Generous Than the ESA If there’s no written contract limiting notice of termination, you may be entitled to common law reasonable notice , which is usually much more generous  than ESA minimums. For example, the ESA might require only 8 weeks’ notice for a long-term employee, but common law notice could be 6 months, 12 months, or more — depending on factors like your age, length of service, position, and job market conditions. This is one reason why many employers do  want written contracts — they can include a termination clause that limits notice to ESA minimums, reducing their liability. 4. Risks of Not Having a Written Contract While no written contract means you keep some valuable protections, it can also create uncertainty: Disputes over job duties  – Without clear terms, disagreements about your role can arise. Confusion about bonuses/commissions  – Harder to prove entitlement without written terms. Post-employment restrictions  – Without a signed non-compete or non-solicit clause, your employer may have less control over where you work after leaving — but they might still try to enforce certain protections through other legal means. 5. Bottom Line If you don’t have a written employment contract in Ontario, you are still protected  by the Employment Standards Act, the Human Rights Code, and common law. In some cases, not having a written agreement can even work in your favour when it comes to termination pay. However, a lack of written terms can lead to disputes or misunderstandings. If you’re unsure about your rights — especially when your employment is ending — it’s wise to speak with an employment lawyer or paralegal to understand your full entitlements. 📞 Need Help Understanding Your legal rights? If you're unsure what rights you are entitled to or need help making a claim, you can contact Situ Legal Services .   👉  Book a consultation today to learn your rights and get professional legal support for your workplace issue. Disclaimer:  This post provides general information only and is not legal advice. For advice about your specific situation, consult a legal professional .

Receiving a claim from Small Claims Court in Ontario can be stressful, but it’s important to act quickly and understand your options Ignoring the lawsuit can lead to a default judgment against you, meaning the other party may win automatically. Here’s what you should do if you’re being sued. ✅  1. Read the Claim Carefully The Plaintiff’s Claim (Form 7A) tells you: Who is suing you (the Plaintiff) How much they are claiming Why they are suing you (their legal reasons) The deadline for responding Pay close attention to the filing date and service date, because you have 20 days from the date you were served to respond. ✅  2. Decide How to Respond You have several options under Ontario’s Rules of the Small Claims Court: File a Defence (Form 9A) if you disagree with the claim File a Defence and Defendant’s Claim (Form 10A) if you believe the Plaintiff actually owes you money or caused you damages Negotiate or settle before trial Do nothing (NOT recommended), which will likely result in a default judgment against you ✅  3. File Your Defence on Time If you disagree with the claim, you must file a Defence within 20 days after being served. Submit it to the court where the claim was filed Pay the filing fee Serve a copy on the Plaintiff If you need more time, you can ask the Plaintiff to agree to an extension or bring a motion to the court, but you must act before the deadline. ✅  4. Gather Evidence and Documents If you plan to defend yourself, start collecting all relevant evidence, such as: Contracts, receipts, invoices Emails, messages, or letters Photos, videos, or other records Witness information Evidence is critical because the judge will rely on proof, not just arguments. ✅  5. Consider Settlement or Mediation Not all cases need to go to trial. Many disputes can be resolved through negotiation or settlement. If you can agree on an amount or a solution, you can sign a settlement agreement and avoid trial. After a defence is filed, court will schedule a settlement conference within 90 days, where a judge helps both sides discuss possible resolution before trial. ✅  6. Think About Legal Representation You can represent yourself in Small Claims Court, but if: You’re unfamiliar with court procedures The case involves complex facts or evidence It may be wise to hire a Licensed Paralegal or Lawyer to help you prepare your defence and represent you in court. ✅  7. What If You Ignore the Claim? If you do nothing, the Plaintiff can ask the court for a default judgment, which means they automatically win. Once there is a judgment, they may take steps to enforce it, such as: Garnishing your wages or bank account Seizing property and sell it in auction. Placing a lien on your assets It’s almost always better to respond than to ignore the claim. ✅  8. Key Deadlines to Remember 20 days to file a Defence after being served If you miss the deadline, you may need to bring a motion to set aside default judgment, which can be costly and difficult Conclusion: Take Action Quickly Being sued in Small Claims Court doesn’t mean you will lose, but time is critical. Review the claim, know your options, and respond properly within the deadline. If you’ve been served with a Plaintiff’s Claim and you’re unsure what to do, Situ Legal Services  can help you: Review the claim and explain your options Prepare and file your Defence on time Represent you in negotiations, settlement conferences, or trial 👉 Click here to book a consultation with a Licensed Paralegal in Ontario and protect your legal rights before it’s too late.

If your claim is $50,000 or less , you can use the Small Claims Court  in Ontario to resolve your dispute. Compared to the Superior Court of Justice, Small Claims Court is simpler, faster, and less expensive , making it ideal for cases involving unpaid debts, breach of contract, property damage, or other civil disputes. So, what is the step-by-step process from filing a claim to enforcing a judgment? Let’s break it down. ✅ 1. Before You Sue – Preparation is Key Before starting a lawsuit, you should: Confirm the defendant’s correct information  (full name, business name, and address) Check the limitation period  (most civil claims in Ontario have a 2-year deadline) Gather evidence  (contracts, receipts, bank transfers, emails, photos, recordings, etc.) Consider negotiation or settlement  to avoid unnecessary costs Only after you’re certain that legal action is necessary should you proceed with filing a claim. ✅ 2. Filing a Plaintiff’s Claim (Form 7A) File your Plaintiff’s Claim (Form 7A)  at the Small Claims Court in the defendant’s area or where the dispute occurred Pay the filing fee Once filed, the court will return a stamped copy of your claim  for service ✅ 3. Serving the Defendant You must serve  the claim on the defendant within 6 months after the claim is issued. Service can be done in person, by registered mail, courier, or by an authorized process server After service, you must file an Affidavit of Service (Form 8A)  with the court to prove the documents were properly delivered ✅ 4. How the Defendant Can Respond The defendant has 20 days from the date they are served to respond. They can: File a Defence (Form 9A)  if they disagree with your claim File a Defence and Defendant’s Claim (Form 10A)  if they believe you owe them money or caused them damages Negotiate or settle  before trial Do nothing , which may result in a default judgment  against them ✅ 5. Settlement Conference If the defendant files a defence, the court will schedule a Settlement Conference  within 90 days . A judge will meet with both parties to discuss the case Both sides must exchange evidence and clarify issues The judge may provide guidance on possible settlement If an agreement is reached, a settlement agreement  can be signed without going to trial If no settlement is reached, the case proceeds to trial ✅ 6. Trial If the case cannot be settled, it goes to trial. At trial: Both parties present evidence, call witnesses, and make arguments The judge reviews the evidence and makes a final judgment ✅ 7. Judgment and Enforcement If you win, the court issues a judgment If the other party doesn’t voluntarily pay, you can enforce the judgment by: Garnishing wages or bank accounts Seizing and selling property at auction Registering a lien (Writ of Seizure and Sale)  against the defendant’s property ✅ 8. Time and Costs A Small Claims Court case can take 6 months to 2 years  depending on complexity Costs include court filing fees, service fees, and evidence preparation A well-prepared case increases the chances of early settlement and a favorable outcome ✅ Do You Need Legal Representation? You’re allowed to represent yourself in Small Claims Court, but hiring a Licensed Paralegal  can be a smart choice if: You’re unfamiliar with court rules and deadlines The case involves complicated evidence or legal issues You want someone experienced to negotiate or represent you at trial ✅ Conclusion While Small Claims Court is simpler than higher courts, it still has strict rules, deadlines, and procedures . A well-prepared plaintiff or defendant is more likely to resolve the matter efficiently—sometimes even settling before trial. If you’re thinking of suing someone or have been served with a Plaintiff’s Claim and don’t know how to respond, Situ Legal Services can help you: Assess your case and explain your legal options Prepare and file your Plaintiff’s Claim, Defence, or Defendant’s Claim Represent you at Settlement Conferences and trials Assist with enforcing court judgments 👉  Click here to book a consultation with a Licensed Paralegal in Ontario and protect your legal rights with confidence.

Getting a traffic ticket in Ontario—whether for speeding, running a red light, or another driving offence—can feel stressful. But you have legal rights and clear options. It’s important to understand the process and respond on time to avoid additional penalties like late fees, license suspensions, or higher insurance premiums. Here’s what you need to know step by step after receiving a traffic ticket in Ontario. ✅  Step 1: Check What Kind of Traffic Ticket You Received Most tickets are issued as a Provincial Offence Notice under the Highway Traffic Act. It will show: The alleged offence (e.g., speeding 20 km/h over the limit) The fine amount and victim surcharge The demerit points that may apply The deadline to respond (usually 15 days from the date of the ticket) More serious charges, like stunt driving or careless driving, are issued as a Summons and require a mandatory court appearance. ✅  Step 2: Know the Deadline For a regular traffic ticket (Provincial Offence Notice), you have 15 days to choose one of three options: Pay the fine Plead guilty with an explanation Request a trial to dispute the ticket If you do nothing, the court will convict you automatically, add late fees, and it can even result in a driver’s license suspension if fines go unpaid. ✅  Step 3: Understand Your Options When you get a traffic ticket in Ontario, you must choose how to respond: ✅ 1. Pay the Ticket (Plead Guilty) Admitting guilt and paying the fine closes the case. However, the conviction stays on your driving record. Demerit points (if any) are applied, and your insurance premiums may increase. ✅ 2. Plead Guilty with an Explanation You agree you committed the offence but want to explain special circumstances to the Justice of the Peace. You can request more time to pay the fine or sometimes a reduced fine. This does NOT remove the conviction or demerit points. ✅ 3. Request a Trial (Plead Not Guilty) You can dispute the ticket and request a trial date. At trial, the officer must testify and present evidence. If the officer doesn’t appear, the ticket may be dismissed. You can present your own evidence, cross-examine the officer, and raise legal defences. If you’re found not guilty, the ticket is dismissed, and no fine or points apply. ✅  Step 4: Think About the Consequences Before you decide, consider: Will the ticket add demerit points? Too many points can lead to license suspension. Will it affect my insurance? Even minor speeding tickets can cause insurance rates to go up. Do I have a defence? Was the ticket issued correctly? Is there evidence to challenge it? ✅  Step 5: Should You Get Legal Help? You can handle minor tickets yourself, but it’s often worth consulting a Licensed Paralegal if: The ticket carries serious penalties (e.g., careless driving, stunt driving) You already have other convictions or high demerit points You want the best chance to avoid a conviction and protect your insurance rates A paralegal experienced in Provincial Offences Court can review your case, request disclosure (officer’s notes, radar/lidar records), and represent you in court to fight the ticket or negotiate a better outcome. ✅ What Happens If You Ignore a Traffic Ticket? Ignoring a ticket can lead to: Automatic conviction Extra late fees License suspension for unpaid fines The ticket going to collections It’s always better to respond, even if you’re unsure what to do. Conclusion After getting a traffic ticket in Ontario, you have 15 days to respond. You can pay the fine, ask for an explanation, or fight the ticket in court. If you’re unsure about the best option or want to dispute your ticket, Situ Legal Services  can help you: Assess your ticket and explain your legal options Request a trial and disclosure of evidence Represent you in court to reduce or dismiss the ticket and protect your driving record 👉 Click here to book a consultation and let a Licensed Paralegal help you avoid costly mistakes and protect your license and insurance.

Being detained or arrested by the police in Ontario can be intimidating, but it’s important to know that you have specific legal rights under the Canadian Charter of Rights and Freedoms. Knowing your rights can help protect you and ensure the police follow proper procedures. Here’s what you need to know if you’re stopped, detained, or arrested by the police in Ontario. ✅  1. What’s the Difference Between Being Detained and Arrested? Detained Police are temporarily holding you for questioning or investigation. You’re not free to leave, but you’re not formally charged. Arrested Police formally take you into custody because they believe you committed an offence. They can lay charges and take you to the station for processing. Both situations trigger Charter protections, but the process is different. ✅  2. Your Rights When Detained or Arrested Under the Charter of Rights and Freedoms, you have the following rights: The Right to Know Why You’re Being Detained or Arrested (Charter s.10(a)) Police must tell you why you’re being stopped or arrested in clear language. The Right to Remain Silent You don’t have to answer police questions beyond providing your basic identification. Anything you say can be used as evidence in court. The Right to Obtain Legal Advice Without Delay (Charter s.10(b)) You have the right to contact a lawyer immediately. Police must give you a reasonable opportunity to speak privately with a lawyer. If you don’t know a lawyer, you can call a duty counsel (free legal advice hotline). The Right to Be Treated Fairly Police must not use excessive force. You must not be discriminated against based on race, gender, or any other protected ground. ✅  3. Do You Have to Talk to the Police? If you’re driving, you must show your driver’s licence, vehicle registration, and insurance when asked. If you’re being questioned about a crime, you have the right to remain silent and should speak to a lawyer before answering. ✅  4. Can Police Search You? During an arrest, police can search you for weapons or evidence. During a detention, they can only search for safety reasons (e.g., a pat-down if they believe you’re armed). For your home or vehicle, they usually need a warrant, unless there’s an emergency or you consent. ✅  5. What Should You Do If You’re Detained or Arrested? Stay calm and polite Do not resist or argue; resisting can lead to more charges. Ask if you’re free to leave If they say yes, walk away calmly. Exercise your right to remain silent Clearly say, “I want to remain silent and speak to a lawyer.” Call a lawyer immediately You have the right to private legal advice without delay. ✅  6. What Happens After an Arrest? Police will process you at the station and may release you with a court date. In some cases, you may have to attend a bail hearing to determine if you’ll be released before trial. ✅  7. Why Knowing Your Rights Matters If the police violate your Charter rights, a lawyer can ask the court to: Exclude evidence obtained illegally Reduce or dismiss the charges Conclusion If you’re detained or arrested in Ontario, stay calm, remain silent, and contact a lawyer immediately. You have the right to know why you’re being detained, the right to a lawyer, and the right to be treated fairly under the Canadian Charter of Rights and Freedoms. If you or a loved one has been detained, arrested, or charged with an offence, Situ Legal Services  can help: Explain your legal rights Represent you in bail hearings or court proceedings ( Limited to summary conviction charges) Protect your Charter rights throughout the process 👉 Click here to book a confidential consultation  and get professional legal help immediately.

If you drive in Ontario, understanding demerit points is essential. Whether you’re a new driver with a G1 or G2 licence, or a fully licensed driver, accumulating too many demerit points can lead to licence suspension, higher insurance rates, and long-term consequences for your driving record. At Situ Legal Services  we help clients fight traffic tickets and protect their licences. In this article, we explain how Ontario’s demerit point system works, what penalties you could face, and how a paralegal can help you reduce the impact on your driving record. What Are Demerit Points in Ontario? Contrary to popular belief, you don’t lose demerit points—you start with zero points and gain points for traffic violations. Demerit points stay on your Ontario driving record for two years from the date of the offence. If you collect too many, the Ministry of Transportation (MTO) can suspend your licence. You can even get Ontario demerit points for offences committed in: ✅ Other Canadian provinces and territories ✅ The State of New York ✅ The State of Michigan How Demerit Points Are Applied The number of demerit points depends on the seriousness of the offence. 7 points – e.g., failing to remain at the scene of a collision, failing to stop for police 6 points – e.g., careless driving, racing, exceeding the speed limit by 50 km/h or more 5 points – e.g., failing to stop at an unprotected railway crossing (bus drivers) 4 points – e.g., following too closely, exceeding the speed limit by 30–49 km/h 3 points – e.g., distracted driving, failing to yield, improper passing 2 points – e.g., improper turns, failing to signal, driver not wearing a seatbelt [Click here for the full list of Ontario traffic offences and demerit points] Penalties for Demerit Points: Full Licence vs. New Drivers The consequences depend on your driver’s licence class. ✅ If You Have a Full Licence (G, M, etc.): 6–8 points – You’ll receive a warning letter 9–14 points – A second warning letter 15+ points – Licence suspended for 30 days ✅ If You’re a New or Novice Driver (G1, G2, M1, M2): 2–5 points – You’ll receive a warning letter 6–8 points – A second warning letter 9+ points – Licence suspended for 60 days Novice drivers also face escalating penalties, meaning repeat offences can result in longer suspensions or restarting the licensing process. What Happens During a Suspension? When your licence is suspended, you’ll get a notice from the MTO with the effective date. You must surrender your licence either at a Service Ontario centre or by mail. After the suspension: ✅ You may need to retake your vision, written, or road tests ✅ Your points will be reduced but not erased (7 for full licence, 4 for novice drivers) ✅ Any new offences can quickly lead to another suspension. Out-of-Province Demerit Points Did you get a ticket outside Ontario? In most Canadian provinces, New York, or Michigan, the offence will still affect your Ontario driving record. For example, speeding or failing to stop for a school bus in Quebec or New York will add demerit points just as if the offence happened in Ontario. Why You Shouldn’t Ignore a Traffic Ticket Many drivers simply pay their traffic tickets, but this can have serious consequences: Demerit points on your driving record for 2 years Possible licence suspension if you already have points Higher insurance premiums Potential employment impact if you need a clean driving record Fighting a traffic ticket with the help of an experienced Ontario paralegal can save you money and protect your licence. Protect your driving record—speak to a licensed paralegal now! How a Paralegal Can Help You: At Situ Legal Services , we: ✅ Review your ticket for possible errors ✅ Represent you in court ✅ Help you reduce or eliminate demerit points ✅ Protect your driving record and insurance rates 👉 Click here to book a consultation and get professional legal help with auto repair disputes in Ontario.

When applying for a job in Ontario, it’s important to know what questions employers are legally allowed to ask—and which ones go against your human rights. While employers have the right to ask about your qualifications and ability to perform the job, they cannot ask questions that discriminate against you. This article explains what employers can and cannot ask during the hiring process and what you can do if you face discrimination. ✅  What Employers Are Allowed to Ask Employers can ask job-related questions to assess whether you’re qualified and able to do the work. For example: Job qualifications and skills “What experience do you have that relates to this role?” “Do you have training or certifications needed for this job?” Licensing and legal requirements “Do you have a valid driver’s licence for this delivery job?” “Are you legally allowed to work in Canada?” Work availability “Are you available to work evenings or weekends if required?” These questions are permitted because they directly relate to the requirements of the position. ❌  What Employers Are Not Allowed to Ask Under the Ontario Human Rights Code, employers cannot discriminate based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability. This means they generally cannot ask questions like: Family and personal life “Do you have children or plan to have children?” “Are you married?” Age “How old are you?” Place of birth and ethnicity “Where were you born?” “What is your ethnic background?” Disability or health “Do you have a disability?” These questions are not job-related and can lead to discrimination. ❌  Asking for “Canadian Experience” Employers are not supposed to ask if you have “Canadian experience” unless they can prove it’s essential for the job. For most jobs, it’s hard to justify that Canadian work experience is necessary. Employers cannot refuse to hire you just because you don’t have Canadian experience. If an employer rejects you only because you lack Canadian experience, it may be considered discrimination, and you may have the right to file a Human Rights claim. ✅  Questions About Criminal Records Ontario law limits what employers can ask about your criminal history: Employers can ask if you have been convicted of a crime for which you have not received a record suspension (pardon). If you’ve received a record suspension, in most cases you can legally say you do not have a criminal record. For some jobs, an employer may require a police record check: If the position involves working with children, seniors, or other vulnerable people, they may ask for a vulnerable sector check. Employers should only ask for these checks if it’s reasonable and necessary for the job. ✅  What to Do If You’re Asked an Improper Question If an employer asks a question they should not ask, you have a few options: Answer it anyway (but this might not protect your rights) Politely tell the employer that the law doesn’t allow them to ask that question Refuse to answer However, refusing to answer might affect your chances of getting the job. If you don’t get the job after being asked inappropriate questions, and you believe it was due to discrimination, you may be able to file a Human Rights claim with the Human Rights Tribunal of Ontario. ✅  What Can the Human Rights Tribunal Do? If the Tribunal decides an employer discriminated against you, it can order the employer to: Pay you financial compensation Offer you the job or a similar position Change its hiring practices to comply with human rights laws Conclusion In Ontario, employers can only ask questions directly related to the job. They cannot ask questions about your family, age, religion, ethnicity, disability, or other protected grounds under the Ontario Human Rights Code. If you’re asked inappropriate questions or denied a job for discriminatory reasons, Situ Legal Services  can help you: Assess whether you have a valid discrimination claim Guide you through the process of filing a Human Rights application Protect your rights in front of the Human Rights Tribunal of Ontario 👉 Click here to book a confidential consultation  and get professional legal help if you’ve experienced discrimination in the hiring process.

Being fired from your job can be stressful and confusing. Many workers want to know: does my employer have to tell me why they let me go? In Ontario, the short answer is no—your employer does not have to give you a reason for firing you. However, they must still follow the rules in the Employment Standards Act (ESA) and the Ontario Human Rights Code. Here’s what you need to know about your rights if you’ve been terminated. ✅  Do Employers Have to Give a Reason for Firing You? No, under Ontario law, your employer doesn’t have to explain why you were fired. In most cases, they must give you a written notice of termination or termination pay. In some cases—like serious misconduct—they can fire you without notice or pay, but they still don’t have to explain the details. Many employers choose not to give a reason because they don’t want to say anything that could be used against them in a legal claim. ✅  When Employers Cannot Fire You Even though your employer doesn’t have to give a reason, there are illegal reasons for firing someone. If you’re fired for any of the reasons below, your employer may be breaking the law. 1. Rights Under the Employment Standards Act (ESA) Your employer cannot fire you for exercising your rights under the ESA. For example, it’s illegal to fire you because you: Took pregnancy or parental leave Asked about your ESA rights or requested your employer follow the law Refused to sign an agreement that takes away your ESA rights (like overtime pay) Filed a complaint with the Ministry of Labour Spoke to an Employment Standards Officer about workplace issues 2. Human Rights Protections Your employer cannot fire you for reasons that go against the Ontario Human Rights Code. It’s usually against the law to fire you because of: Your race, colour, ancestry, ethnic origin, citizenship, or place of birth Your religion or creed A physical or mental disability, including addiction The fact that you have children, plan to have children, or are pregnant Your marital status (married, divorced, single, or common-law) Your sex, gender, sexual orientation, gender identity, or gender expression 3. Health and Safety Rights It’s illegal for your employer to fire you for raising health or safety concerns at work. For example: Asking about chemicals or hazards in your workplace Refusing unsafe work under the Occupational Health and Safety Act ✅  What Reason Might They Give? Sometimes employers will give a neutral reason, like: “Business is slow, and we don’t have enough work.” “We’re restructuring the company.” Even if they give a reason, it might not be the real reason. If you don’t believe the explanation, you may want to get legal advice to understand your options. ✅  What Should You Do After Being Fired? Ask for a reason Even though they don’t have to give one, it may help you decide your next steps. Gather evidence Keep termination letters, emails, or any notes that could show why you were fired. Get legal advice A licensed paralegal or lawyer can review your situation and tell you if you may have a wrongful dismissal or human rights claim. Know your options You may be entitled to termination pay, severance pay, or you may be able to file a claim for discrimination or reprisal. Conclusion In Ontario, employers don’t have to give you a reason for firing you. However, they cannot fire you for discriminatory reasons or for exercising your legal rights. If you think you were fired for an illegal reason or you’re unsure about your rights, Situ Legal Services  can help you: Review your termination Explain whether you’re owed termination pay or severance Determine if you have a human rights or wrongful dismissal claim Guide you through filing a claim or negotiating with your employer 👉 Click here to book a confidential consultation  and protect your rights after losing your job.

When you’re offered a new job in Ontario, your employer may hire you “on probation.” Probation is like a trial period, allowing the employer to see if you’re the right fit for the job before confirming your employment. Here’s what you need to know about probationary periods, your rights while on probation, and what happens when probation ends. ✅  What Is a Probation Period? Probation is a specific time frame, usually 3 to 6 months, but it can be longer if agreed upon in your employment contract. You are only on probation if your job offer or contract clearly says so. During probation, the employer evaluates your performance, reliability, and suitability for the job. ✅  Do You Get Benefits While on Probation? Some employers delay certain employment benefits until probation is over. For example: Health benefits like prescription drug coverage Dental care benefits Other company perks This is allowed if it’s stated in your contract or company policy. ✅  Can You Be Fired While on Probation? Yes, you can be terminated during probation, but you still have legal rights. Under Ontario’s Employment Standards Act (ESA): If you’re fired within the first 3 months, your employer does not have to give notice or termination pay. If you’re fired after working more than 3 months, your employer must give you: Written notice of termination, OR Termination pay (paying you what you would have earned during the notice period) For example, if you worked more than 3 months but less than a year, the ESA requires at least one week’s notice or one week of termination pay. However, your employer may still fire you without notice if they have a valid legal reason (such as serious misconduct). ✅  Human Rights Still Apply During Probation Even during probation, you’re fully protected by the Ontario Human Rights Code. This means your employer cannot fire you for discriminatory reasons, such as: Pregnancy or plans to have children Race, colour, ancestry, ethnic origin, or citizenship Religious beliefs Physical or mental disability Gender, gender identity, gender expression, or sexual orientation If you’re terminated for a reason that violates your human rights, you may be able to make a human rights claim. ✅  What Happens When Probation Ends? When the agreed probation period ends, your employer can: Confirm your employment – You have passed probation and keep your job. Extend probation – Only if you agree to an extension. Terminate employment – With proper notice or pay if you’ve worked more than 3 months. If your probation period ends and the employer does nothing and says nothing, you automatically continue as a regular employee. ✅  Next Steps for Employees on Probation Understand your probation terms Read your employment contract carefully to know the length and conditions of probation. Keep track of your probation end date If your employer doesn’t act when probation ends, you’re no longer on probation. Know your rights Even on probation, you have rights under the ESA and Human Rights Code. Get legal advice if you’re fired A licensed paralegal or lawyer can help you understand if your termination was legal and if you’re owed notice, termination pay, or have a claim for discrimination. Conclusion Being hired on probation doesn’t mean you have no rights. While it’s a trial period for your employer, you’re still protected by Ontario employment laws. If you’re fired after 3 months, your employer must provide proper notice or pay, and they cannot fire you for discriminatory reasons at any time. If you’re on probation or have been fired during or after probation and are unsure about your rights, Situ Legal Services  can help you: Review your employment contract Explain your rights under the Employment Standards Act Determine if you’re owed termination pay or if you have a human rights claim 👉 Click here to book a confidential consultation  and protect your rights as an employee in Ontario.

When you want to rent a home or apartment in Ontario, you’ll usually need to fill out a rental application or provide some information to the landlord. But what are they legally allowed to ask—and what questions cross the line into discrimination? Here’s what you need to know before applying for a rental unit. ✅  What Landlords Are Allowed to Ask Before deciding whether to rent to you, a landlord can ask for basic, relevant information about your ability to pay rent and maintain the rental unit. For example: Your income They can ask what your income is. Employment information They can ask if you work and where you work. Who will live in the unit How many people will live with you and their names. Pets Whether you have pets (but in most cases, “no pet” clauses in leases are not enforceable under the Residential Tenancies Act). Smoking Whether you or other tenants will smoke inside the unit. Credit checks They can ask for permission to run a credit check. Rental history References from past landlords. Guarantor or co-signer In some cases, they can ask if you have someone who can guarantee the rent. These questions are generally allowed because they relate to whether you can afford the rent and comply with lease terms. ❌  What Landlords Are NOT Allowed to Ask Under the Ontario Human Rights Code, a landlord cannot ask questions that could be used to discriminate against you based on a protected ground like family status, religion, race, or disability. This means they cannot ask: If you are pregnant or have children If you plan to have children or have more children If you are married, single, or divorced Your religion, ethnic background, or race Your sexual orientation Whether you receive welfare or other public assistance Whether you have a disability Your age (even if you’re 16 or 17 but living independently) Whether you are a Canadian citizen If a landlord asks any of these questions or refuses to rent to you because of your answers, it could be considered discrimination under the Human Rights Code. ✅  What If a Landlord Uses a Rent-to-Income Ratio? Some landlords use a “rent-to-income ratio” (for example, requiring that rent not exceed 30% of your income). The Ontario Human Rights Commission says this practice can be discriminatory, especially against newcomers or people with lower incomes. Landlords should instead consider all rental history, references, and credit information together rather than relying on income ratio alone. ✅  What Can You Do If a Landlord Discriminates? If a landlord asks illegal questions or refuses to rent to you for a reason that goes against the Human Rights Code, you can: Try to educate the landlord Politely explain that Ontario law doesn’t allow discrimination based on family status, age, disability, or other protected grounds. Keep records Save emails, messages, or notes of what was said. File a human rights claim If you believe you were denied housing because of discrimination, you can file a claim with the Human Rights Tribunal of Ontario. The Tribunal can order the landlord to: Compensate you for damages Offer you the rental unit Change their rental application practices ✅  Next Steps When Applying for a Rental Be prepared to provide basic financial and rental history Know your rights under the Ontario Human Rights Code Recognize when a question is discriminatory Seek legal advice if you believe you were denied housing unfairly Conclusion When applying for a rental unit in Ontario, a landlord can ask about your income, employment, rental history, and references. However, they cannot ask discriminatory questions about your family, age, religion, citizenship, disability, or other protected grounds. If you’ve been denied housing for a reason that seems discriminatory, Situ Legal Services  can help you: Understand your housing rights Gather evidence of discrimination File a claim with the Human Rights Tribunal of Ontario 👉 Click here to book a confidential consultation  and protect your rights when applying for rental housing.

If you’re renting a home or apartment in Ontario, you have the right to decide who you invite into your home. Your landlord cannot stop you from having guests, just like homeowners have the right to invite whomever they want. However, there are some important rules and responsibilities to understand. ✅  Your Right to Have Guests Under Ontario’s Residential Tenancies Act (RTA), you have the right to: Invite family, friends, or other guests to visit you. Decide who stays with you in your unit. If your landlord tries to control who can visit you, this could be considered harassment, which is illegal. ❌ When Guests Can Cause Problems Even though you have the right to have guests, you are responsible for what your guests do while they are on the property. Your landlord can take action if: Guests cause damage to the unit or the building. Guests disturb other tenants or the landlord, for example, with loud noise or unsafe behavior. Guests make the building unsafe for others. In these cases, the landlord could: Ask you to pay for damages. Give you a warning. Try to evict you if the problems are serious or continue. ✅  Can a Landlord Charge Extra Fees for Guests? In most cases: Your landlord cannot charge extra fees just because you have guests staying with you. Your landlord cannot raise your rent simply because someone visits or stays temporarily. Ontario’s rent increase guideline protects most tenants from unfair rent hikes. But: If your unit is not covered by the guideline, the landlord might be able to raise the rent without giving a reason (but must still give you 90 days’ written notice). ✅  What About Subsidized or Income-Based Housing? If you live in subsidized housing or rent-geared-to-income (RGI) housing, there may be different rules: If someone stays with you for more than a certain number of days (for example, 30 days in a 12-month period in Toronto Community Housing), you may have to report their income. If their income is counted, your rent could go up or your subsidy could change. If you live in RGI housing, ask your landlord or housing provider for a copy of their guest policy, or talk to your local community legal clinic for help. ✅  Local By-Laws on Occupancy Limits Some cities and municipalities have by-laws that limit how many people can live in a unit based on its size. If too many people are living in your rental unit and it violates local by-laws, the landlord could ask some people to leave. If you don’t comply, they might try to evict you. You can contact your city hall or local councillor to find out about occupancy by-laws in your area. ✅  What Should You Do If Your Landlord Tries to Stop You From Having Guests? Remind them of your rights under the Residential Tenancies Act. Document everything—keep emails, letters, or texts from the landlord. Get legal help if your landlord continues to harass you or threatens eviction. Conclusion In Ontario, your landlord cannot stop you from having guests, but you are responsible for their behavior. They cannot charge you extra fees or raise your rent simply because you have visitors, unless you live in subsidized housing with special rules. If your landlord is trying to restrict your guests or threatening eviction unfairly, Situ Legal Services  can help you: Understand your tenant rights Deal with landlord harassment or illegal rent increases Represent you at the Landlord and Tenant Board if needed 👉 Click here to book a confidential consultation  and protect your rights as a tenant in Ontario.