Six disciplines. One accountable team. Every client is matched with the right lawyer for their matter.
From courtroom litigation to Fractional GC retainers to international market entry.
Founded on the conviction that the quality of your legal representation should have nothing to do with the size of your retainer.
Two-way referrals, co-counsel access, CPD sessions, mentorship and exclusive events.
Legal updates, firm news, webinar invitations, and award announcements.
Four GTA locations. Walk-in consultations. Weekend appointments.
Free calculators, downloadable guides, and legal checklists, built by our lawyers for real Ontario situations.
Hamilton is one of the most heavily unionised cities in Ontario, and a unionised employee with a dismissal or a workplace dispute almost never has a court claim. The remedy is a grievance, and the deadline is in your collective agreement.
Start My Enquiry →Serving Hamilton, Stoney Creek, Dundas and Ancaster | John Sopinka Courthouse, 45 Main St E | Union and non-union workers | Initial Assessments
Hamilton’s workforce is heavily unionised, in steel and manufacturing, in health care, in education and across the public sector. That single fact changes the advice more than anything else about a file, and people are regularly given the wrong advice because nobody asked.
Where a dispute arises from the collective agreement, the employee must proceed by arbitration and the courts have no power to entertain an action about it. The Supreme Court of Canada adopted that exclusive jurisdiction model in Weber v. Ontario Hydro. The test is whether the dispute, in its essential character, arises from the interpretation, application, administration or violation of the agreement.
The part that catches people is that the label on the claim does not matter. The analysis proceeds on the facts surrounding the dispute rather than on how the legal issues are framed, so pleading a dismissal as a tort, or as a breach of contract, does not move it into a court if the underlying facts arise from the agreement. A statement of claim issued in the wrong forum is usually struck, after cost.
If you are unionised, the machinery is the grievance procedure, the timelines are in your agreement and they are short, and your union decides whether to advance the grievance. If it refuses, that raises a different question, about the duty of fair representation, which goes to the Labour Relations Board rather than to a court.
Hamilton has two courthouses within a few blocks of each other and they do different things. Employment claims are civil, so they go to the John Sopinka Courthouse. The Family Court at 55 Main Street West does not hear them.
Civil and Small Claims matters for Hamilton, which is where a non unionised employee’s wrongful or constructive dismissal claim is heard. Claims of up to $50,000 go to the Small Claims Court, a limit that rose from $35,000 on 1 October 2025; larger claims go to the Superior Court in the same building, with the Simplified Procedure available up to $200,000.
A grievance under the collective agreement, heard by an arbitrator, is the route for a unionised employee. Where a union declines to advance a grievance, a duty of fair representation complaint goes to the Ontario Labour Relations Board. Neither is a court proceeding, and both run on their own timelines.
We act for both unionised and non unionised Hamilton workers, and the first thing we do is work out which you are.
If your dispute arises from the collective agreement, arbitration is the forum and a court action about it will not survive. Weber v. Ontario Hydro. That covers most dismissals, discipline, seniority, scheduling, benefits and the operation of the agreement generally.
An arbitrator is not a lesser forum. An arbitrator has the power and duty to apply the law, which includes the Canadian Charter of Rights and Freedoms, and may be a court of competent jurisdiction for the purposes of a Charter remedy. There is not one law for arbitrators and another for the courts.
The narrow exceptions matter. Where a remedy is required that the arbitrator has no power to grant, the courts of inherent jurisdiction may take jurisdiction, because what must be avoided is a real deprivation of an ultimate remedy. And a dispute that does not, in its essential character, arise from the agreement is outside the model entirely. Both are arguable and neither is a general escape route.
Where a union will not take your grievance forward, the question becomes whether it acted arbitrarily, in a discriminatory manner or in bad faith. That is a complaint to the Ontario Labour Relations Board, it has its own short limitation period, and it is a different case from the one you wanted to run.
For everyone else the analysis is the ordinary one. The Employment Standards Act sets a floor of up to eight weeks of notice, with severance on top where you have five years and the employer meets the payroll threshold. The common law figure is usually considerably higher, and whether you get it depends on whether the termination clause in your contract is enforceable.
Most claims now fit inside the Small Claims Court, where the limit rose to $50,000 on 1 October 2025. That is worth knowing because the cost and the timeline of that forum are completely different, and a claim that fits inside it is often worth bringing where the same claim in the Superior Court would not be.
Accommodation of disability to the point of undue hardship, harassment investigations, and reprisal for raising a health and safety concern are live issues in industrial workplaces, and they arise for unionised and non unionised workers alike.
Where you are unionised, note that the forum question applies to these too and is more complicated than it looks. We will tell you where your complaint actually belongs before you file it somewhere it cannot be heard.
Our Oakville office at 277 Lakeshore Road East is about thirty minutes from Hamilton along the Queen Elizabeth Way, and we also meet by telephone and video. Most matters qualify for a no-obligation initial assessment. Tell us at the first call whether you are in a bargaining unit. It decides where your case can be heard and how long you have.
277 Lakeshore Rd E, Suite 408
Oakville, ON L6J 1H9
About 30 minutes along the QEW, phone and video available
55 University Ave, Suite 1100, Toronto, ON M5J 2H7
English · Punjabi · Hindi · Urdu · Tamil · Tagalog
Monday to Friday: 9:00 AM to 5:00 PM
Evenings & weekends by appointment
This page is general information about Ontario law published by Lexaltico LLP. It is not legal advice, it does not account for the facts of any particular situation, and reading it does not create a solicitor-client relationship. Law changes, and how it applies depends on your circumstances. For advice on your own matter, speak with a lawyer.
Lexaltico LLP
How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
When you use a form on this site, email us or telephone us, we collect what you choose to send: your name, email address, telephone number and a description of the situation. Nothing on this site requires you to give more than that.
We collect non identifying technical information when you browse: IP address, browser type, pages viewed and time spent. It is used to understand how the site is used and to improve it. It is not used to identify you.
We do not collect sensitive personal information through this website. Detailed personal and legal information is collected only after a solicitor client relationship exists, through the channels set up for that purpose.
What you send is used to reply to you, to run a conflict check, to assess whether the firm can assist, and, if a retainer follows, to carry out the work.
We do not use your personal information for marketing without your express consent, and we do not sell, rent or trade it. If you consent to receive anything from us, every message carries a way to stop, as required by Canada’s Anti Spam Legislation.
Information given to us in the course of a legal matter is protected by solicitor client privilege. We do not disclose privileged information without your consent, except where the law or a court order requires it.
Non privileged contact information may be shared with the providers who help us run the firm and this website, and with people engaged on your matter such as translators, agents and court reporters. All of them are under confidentiality obligations.
Information submitted through a form travels through third party services in order to reach us by email, and may be processed or stored outside Canada, where it can be subject to the laws of that place. Submitting a form is your consent to that transfer. If you would rather not, telephone us instead.
This site uses cookies to understand how it is used. Advertising cookies are set only if you press Accept. If you press Decline, measurement is switched off for you entirely, nothing further is sent, and anything already stored on your device is cleared. The site works either way.
You can change your answer at any time by clearing this site’s cookies in your browser, which brings the question back.
Under the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 you may ask what personal information we hold about you, ask us to correct anything inaccurate, and withdraw consent to our use of it, subject to legal and contractual limits. We reply within thirty days or explain why we need longer.
Client files are kept for the period the law and the Law Society require, ordinarily seven years after a matter closes, which reflects limitation periods and the possibility of later proceedings. After that they are securely destroyed or anonymised. You may ask for earlier deletion, subject to those obligations.
If you contact us and no retainer follows, what you sent is retained only as long as our conflict records require, then destroyed.
Privacy Officer, Lexaltico LLP
55 University Avenue, Suite 1100, Toronto, Ontario M5J 2H7
privacy@lexaltico.com
+1 416 333 6200
If you are not satisfied with our answer you may complain to the Office of the Privacy Commissioner of Canada.
Short, and written to be read rather than scrolled past.
This site publishes several hundred pages about Ontario law. They are written carefully, they cite statutes and cases by name, and they are reviewed. None of that makes them advice about your matter. Law is applied to facts, and we do not know yours.
The difference is practical rather than technical. A page explaining that spousal support is usually indefinite after a twenty year marriage is accurate as a general statement and may be wrong about you, because of a domestic contract you signed, a period of separation you have forgotten, or an income that is not what a tax return says it is.
Law also changes. Pages carry a review date where one is relevant. A page reviewed last year may not reflect an amendment made since, and a page about a subject currently before an appellate court may be overtaken between your reading it and your acting on it.
A conflict check must be completed. We act for a great many people and businesses, and we cannot act against a current client or use what we learned from a former one. That check happens before anything else and occasionally means we have to decline.
We must confirm in writing that we are prepared to act. Not every matter is one we can take, and saying so early is better than taking a file we cannot properly serve.
A retainer agreement must be signed. It sets out what we are doing, what we are not doing, who is responsible for what, and how fees work. Until it is signed no relationship exists, whatever has been discussed.
Information sent through a form, or by email, before a retainer is signed is not covered by solicitor client privilege. That is not a policy we chose. It follows from there being no solicitor client relationship for the privilege to attach to.
It can also create a problem for you. If you send us detailed information about a dispute and we are later approached by the other side, what you sent may affect whether we can act for either of you.
So tell us the shape of the problem and leave out the detail: the area of law, roughly when it arose, and whether anything is urgent. That is enough for us to say whether we can help. The documents come after the retainer.
Case results described anywhere on this site are real and are described accurately, and they are specific to their own facts. A settlement at three times the original offer happened because of that employer, that contract and that person’s history. It says nothing about what your matter is worth.
Client reviews are the views of the people who wrote them. We do not offer anything in return for a review, we do not write them, and we do not ask only the clients we expect to be positive.
Calculators on this site produce estimates from the figures you enter. They apply published formulas and they cannot know about the facts that most often change the answer.
The content of this site belongs to Lexaltico LLP or its licensors. You are welcome to read it, print it and quote it with attribution. You may not republish it as your own.
We link to statutes, regulations, court decisions and government pages because a reader should be able to check us. We do not control those sites and are not responsible for them, and a link is not an endorsement.
To the fullest extent the law permits, Lexaltico LLP is not liable for any loss arising from your use of, or reliance on, anything published on this website.
These terms are governed by the law of Ontario and the federal law of Canada that applies in Ontario. Lawyers and licensed professionals at the firm are regulated by the Law Society of Ontario, and marketing on this site is intended to comply with the Rules of Professional Conduct.
Every limit on what this website tells you, and every thing it does not do, in one place rather than in small print at the bottom of each page.
Four limits, and they matter in this order.
Everything published on this website is general information. It is not legal advice, it does not take account of the facts of any particular situation, and reading it does not create a solicitor client relationship. Do not act, or decide not to act, on anything here without speaking to a lawyer licensed in your jurisdiction about your own circumstances.
These pages describe the law of Ontario, and of Alberta only where a page says so expressly. They do not describe the law of any other province, territory or country. Law that looks similar across jurisdictions frequently is not.
Each page states the law as at the review date shown on it. Legislation is amended and case law develops. A page accurate when written may no longer be.
These pages describe how a rule usually works. That is not the same as how it applies to your facts. The exceptions are where most real matters live, and a page written for a general reader cannot tell you whether you are inside a rule or inside its exception.
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during business hours and a reply may take up to 2 business days.
Open at all hours:
Assaulted Women’s Helpline 1-866-863-0511
Talk4Healing 1-855-554-4325
Kids Help Phone 1-800-668-6868
Using this website, submitting a form, sending an email or speaking to us on the telephone does not make us your lawyers. That relationship arises only when the firm has confirmed in writing that it has agreed to act, a conflict search has been completed, and a retainer has been signed.
Do not send confidential or sensitive information through this website or by email until we have confirmed in writing that we can act for you. Information sent before that point is not treated as confidential and may prevent us from acting for you, or for someone else, in a connected matter.
We aim to reply within 2 business days. Contacting us does not guarantee a reply within any particular period, does not oblige the firm to act, and does not stop, extend or satisfy any limitation period, filing date or court deadline.
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken by our intake service, who record your details and pass them to the firm. A lawyer responds during the next business day, or sooner if the matter is urgent. Answering the telephone is not the same as giving legal advice, and no relationship arises from that call.
Lexaltico LLP is regulated by the Law Society of Ontario under the Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in Ontario through the firm are members in good standing.
Alberta matters are handled by lawyers licensed with, and in good standing with, the Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in Alberta, and the reverse is also true.
Immigration consulting is provided by Regulated Canadian Immigration Consultants in good standing with the College of Immigration and Citizenship Consultants under the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292.
Not everyone at the firm is a lawyer.
Each page and biography states which applies. Ask at the outset who will handle your matter and under which licence.
We serve clients in thirteen languages. Every page of this website is written and published in English. Where anything is provided in another language, the English version governs in the event of a difference. If you need an interpreter, tell us when you book and we will arrange one.
The no-obligation initial assessment is a brief introductory conversation. It does not include a review of your documents and does not constitute legal advice.
The firm charges a fee for substantive consultations, including in civil litigation, criminal defence and immigration matters. The firm may waive that fee at its discretion. Any fee is disclosed in advance and credited in full toward your account if you retain the firm.
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
They produce estimates from what you type and cannot know the rest. They do not account for the terms of your contract, statutory exceptions, or the discretion a court will apply. Do not make a decision on a number produced by a calculator.
Any outcome described happened on its own facts, before its own decision maker, under the law as it stood at the time. Past results do not predict or guarantee the result of any other case.
Reviews shown here are written by third parties and published on platforms we do not control. Each describes one person’s experience of one matter. They are not a promise, a prediction or a guarantee about any other matter.
This site links to regulators, courts, government sources, professional associations and social platforms, all operated by others. We do not control them, we are not responsible for their content or accuracy, and a link is not an endorsement.
Failure to start a proceeding within the applicable limitation period may permanently bar your claim. In Ontario the general period is two years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a limitation period.
We aim to meet the Accessibility for Ontarians with Disabilities Act and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone +1 416 333 6200 or write to hello@lexaltico.com and we will provide the information in another format, at no charge.
Content on this website is © Lexaltico LLP. It may be read and printed for personal reference. It may not be reproduced, republished or used commercially without written permission.