Maria Esmatyar

B.A. (Hons.), J.D.

Maria Esmatyar is a Partner at Lecker and Associates, a boutique law firm based in Toronto, Canada. With over a decade of experience in practicing law, Maria specializes in employment, disability, and human rights law.

Maria is a skilled and passionate advocate for employees and individuals who face challenges in the workplace. Her expertise in employment, disability, and human rights law has helped numerous clients successfully navigate complex legal issues, such as wrongful termination, workplace harassment and discrimination, and denial of short- and long-term disability benefits.

Maria is known for her empathetic and client-focused approach to legal practice. She understands that the legal system can be overwhelming and intimidating, especially for those who are already facing challenging circumstances. She works closely with her clients to ensure that they understand their rights and options, and that their voices are heard throughout the legal process.

Overall, Maria Esmatyar is a dedicated and accomplished lawyer who is passionate about advocating for her clients’ rights and ensuring that they receive fair and just treatment in the workplace.

Prominent Cases

Maria has appeared before the Ontario Superior Court of Justice, the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario, as well as in Canada Labour Code adjudications. Her cases include:

Keenan v. Canac Kitchens, 2015 ONSC 1055

Where the Plaintiffs, who had been treated as “independent contractors” and terminated without notice or severance, were found by the Ontario Superior Court as dependent contractors and were awarded 26 months of notice. The decision represented the highest award ever upheld for a “dependant contractor” in Ontario. The decision was upheld by the Ontario Court of Appeal. This landmark case led the Government of Ontario to introduce the first major revision to the Employment Standards Act since 2002, including penalties for the misclassification of employees as contractors.

Bassanese v. German Canadian News Company Limited et al., 2019 ONSC 1343

In this precedent setting noteworthy case, the Plaintiff, a 73-year-old employee with almost 19 years of service in an administrative role, who was being continuously harassed by a female co-worker, including being slapped across the face three (3) times, was terminated through no fault of her own, simply for making the harassment complaint. The employer took zero action or meaningful steps to investigation and/or prevent the workplace harassment and violence, or disciplining the abusive co-worker.

Upon termination, the Defendant failed and neglected to provide the Plaintiff with her common law entitlements, including her statutory minimum pay.

Justice Sossin ordered the Defendant to pay the Plaintiff the following:

1.  wrongful dismissal damages in the amount of $129,433.17;

2.  various liability of Defendant for assault and battery damages in the amount of $15,000.00; and

3.  aggravated damages in the amount of $50,000.00.