In Canada, a company can legally sue a deported worker for breach of contract, such as stealing corporate property or abandoning a term contract. However, successfully collecting that money is extremely difficult. Enforcing a Canadian civil judgment in a foreign country requires complex international litigation, making it rarely cost-effective for the employer.
When an employer hires a foreign worker, they invest significant time and money into training, onboarding, and sometimes housing. If that worker is suddenly arrested and removed from the country by the Canada Border Services Agency (CBSA), it can leave the business scrambling. The employer might face halted production, lost revenue, or discover that the worker left with unearned cash advances or company equipment.
While Canadian civil law gives you the right to sue anyone who breaches an employment contract, crossing international borders complicates everything. 📍 Whether your business operates in Toronto, Calgary, or Vancouver, the reality of pursuing a deported individual means navigating foreign legal systems. It is crucial to weigh the financial damage against the exorbitant costs of international litigation before launching a lawsuit.
Step-by-Step Process in Canada
If a deported former employee owes your business a substantial amount of money, you will generally follow a standard civil litigation path, combined with international enforcement steps. Here is how a corporate lawyer would approach this situation.
Step 1: Quantifying the Corporate Damages
Before doing anything, you must calculate exactly what was lost. Canadian courts will not award damages simply because you are angry the employee was deported. You must prove hard financial losses. This could include unreturned company laptops, stolen tools, unpaid personal loans, or specific financial damages caused if they violated a non-compete clause or a fixed-term contract prior to their deportation.
Step 2: Filing the Civil Claim Locally
Your lawyer will file a Statement of Claim in the appropriate Canadian court. 📝 If the damages are relatively low (for example, up to $50,000 in Ontario or $100,000 in Alberta), you would file in the provincial Small Claims Court. In Ontario, civil claims between $50,000.01 and $200,000 must be filed in the Superior Court of Justice under the Simplified Procedure. You name the deported worker as the defendant, just as you would a local resident.
Step 3: Serving Documents Internationally
This is where the process becomes complicated. A lawsuit is not valid unless the defendant is formally notified. You cannot simply email the court documents to a deported worker. Depending on their home country, your lawyer must serve the documents using the rules of the Hague Service Convention or through local foreign authorities, which requires translating the documents and hiring international process servers.
Step 4: Securing a Default Judgment
In most cases, a deported worker will not hire a Canadian law firm to defend themselves in a civil suit. ⚔️ If they ignore the lawsuit, your lawyer can ask the Canadian judge for a “Default Judgment.” This means you automatically win the case because the defendant failed to respond. However, holding a winning Canadian court order is only half the battle.
Step 5: Enforcing the Judgment Abroad
To actually collect your money, you must take your Canadian judgment to the court system in the worker’s home country. This is known as “recognizing and enforcing a foreign judgment.” You will need to hire a local lawyer in that specific country to ask their courts to seize the worker’s assets or garnish their local wages. If the worker has no assets back home, you will collect nothing.
How Much Does it Cost in Canada?
Pursuing a deported worker is highly expensive and rarely done for small amounts. 💰 Employers should anticipate the following estimated costs in Canadian dollars (CAD):
- Canadian Legal Fees: Drafting the claim and securing a default judgment generally costs between $3,000 and $7,000 CAD.
- International Service of Process: Translating documents and hiring foreign process servers under the Hague Convention can cost $1,500 to $4,000 CAD.
- Foreign Legal Representation: Hiring a lawyer in the worker’s home country to enforce the judgment can cost upwards of $5,000 to $15,000+ CAD.
How Long Does the Process Take?
Obtaining a default judgment in a Canadian court might take 4 to 8 months. However, serving documents internationally and waiting for a foreign court to recognize and enforce the Canadian judgment can take anywhere from 1 to 3 years, depending on the efficiency of the foreign legal system.
Frequently Asked Questions (FAQ)
Can I just withhold their final paycheque to cover my losses?
No. Under provincial employment standards laws across Canada, you cannot unilaterally deduct money from an employee’s final paycheque for unreturned equipment or breach of contract without their written consent or a court order. Doing so could result in fines from the Ministry of Labour.
Will the CBSA tell me where they deported my employee?
Generally, no. The Canada Border Services Agency (CBSA) adheres to strict privacy laws under the Privacy Act. They will not disclose the specific flight details, final destination, or foreign address of a deported individual to a former employer.
Can the company be refunded for LMIA fees if the worker is deported?
No. The $1,000 CAD processing fee paid to Employment and Social Development Canada (ESDC) for a Labour Market Impact Assessment (LMIA) is non-refundable, regardless of whether the worker is fired, quits, or is removed by immigration authorities.
What if the worker left money in a Canadian bank account?
If the deported worker still has assets in Canada, such as a bank account or real estate, your task is much easier. Once you win your civil lawsuit in Canada, your lawyer can apply for a garnishment order to seize the funds directly from the Canadian bank, bypassing the need for international enforcement.
Leave a Reply