5. Go to the trial

It's up to you to prove your claim. You do this by presenting evidence for the judge to consider when making a decision.

The evidence must relate to the facts that you need to prove. Evidence includes what witnesses say and documents that you have filed with the court.

Your evidence

You and your witnesses give evidence. This is called “testifying”. You can ask your witnesses questions. Your employer and the judge can ask them questions too.

When you testify, it's best to start at the beginning and tell the judge about the events in the order that they happened.

Your evidence should include:

• when you were hired by your former employer
• what your job was
• how much you were supposed to be paid and how much you were paid
• who supervised your work

If you're suing your employer because they fired you, your evidence should also include:

• what events led to you being fired
• what reason your employer gave for firing you
• how much notice you were given before you were fired
• your efforts to get a new job, or why you can't find a new one

The defendant’s evidence

As the defendant, your employer can also present evidence. For example, they might try to show that they had a good reason to fire you so they don't owe you termination pay. Or they might try to show that they have paid you what they owe you.

If the employer has witnesses, you and the judge can ask them questions.

The judge’s decision

The judge can decide right away and tell you their decision at the trial. Or they might need time to make a decision. If the judge needs more time, you will get their written decision in the mail or by email.

The judge's decision will say if your employer has to pay you and how much.

But your employer might not pay you, even if the judge orders them to. There is information about how to try to collect the money in the Ontario Ministry of the Attorney General's After Judgment – Guide to Getting Results.