4. Sue or make a claim

You could try to get your money back by suing the company in Small Claims Court. Small Claims Court is for claims up to $50,000.

But companies that charge fees that are not legal are:

  • often hard to track down
  • good at avoiding the law.

You need to decide if it's worth the time and money it will take to go to court. For example, think about:

  • What court fees will you have to pay?
  • Do you know the legal name and address of the company?
  • If you win, will you be able to get the money from the company?

If you paid a temp agency

You can try to get your money back by making a claim to the Ministry of Labour.

The Ministry looks into your claim and can order the temp agency to pay you money that they owe you.

You must make your claim within 2 years from when the temp agency charged you money.

If you’re not a Canadian citizen or permanent resident

If an employer, recruiter, or temp agency charged you money to find a job, you can make a claim to the Ministry of Labour. The law that covers this type of claim is the Employment Protection for Foreign Nationals Act.

The Ministry looks into your claim and can order them to pay you money that they owe you.

You must make your claim within 3 years and 6 months from when the employer, recruiter, or temp agency charged you money.

Get legal help

If you want to get your money back, you may want to get legal advice.

A lawyer or paralegal can help you talk to the company you paid. They can also help you figure out:

  • if the fee you paid was legal
  • your best option for getting your money back if it was not
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