How to Sue a Contractor in BC Small Claims Court

When a Contractor Dispute Belongs in Provincial Court

A contractor took your deposit and disappeared. The renovation is half-finished and the workmanship is defective. You paid $15,000 and got $3,000 worth of shoddy work. These are the disputes that fill BC Provincial Court small claims.

If the amount you are owed is between $5,001 and $35,000 CAD, the Provincial Court Small Claims Division is your forum. Below $5,001, the claim goes to the Civil Resolution Tribunal (CRT). Above $35,000, you need BC Supreme Court — or you can abandon the excess and cap your claim at $35,000 to use the simpler small claims process.

Step 1: Send a Demand Letter

Before filing anything, send a written demand letter to the contractor. Set out:

• What work was contracted and the agreed price.
• What was paid (deposits, progress payments).
• What went wrong (abandoned job, defective work, no-show).
• The specific dollar amount you are demanding.
• A deadline to pay — 10 to 14 calendar days is standard.
• A clear statement that you will file in Provincial Court if they do not pay.

Send it by registered mail so you have a Canada Post tracking receipt proving delivery. Judges at settlement conferences expect to see that you tried to resolve this before filing.

Step 2: Find the Contractor's Legal Name

This is where many homeowners make a costly mistake. You hired "Dave's Renovations," but the business is actually registered as "David Chen Holdings Ltd." If you sue the trade name instead of the legal corporate entity, your judgment may be unenforceable.

Run a search on BC Registries and Online Services (or OrgBook BC):

• Incorporated company? Get the exact legal name and registered office address from the corporate search printout. You must attach this printout when filing your Notice of Claim.
• Sole proprietor? The owner's legal name is what goes on the claim: "David Chen d.b.a. Dave's Renovations."
• Partnership? Name the partnership and all partners individually.

If the company shows as "dissolved" on the registry, you can bring a proceeding against it within 2 years after dissolution. After that period, it must be restored before a new proceeding can be brought (Business Corporations Act, s. 346).

Step 3: File Your Notice of Claim

Complete Form 1 (Notice of Claim) and Form 38 (Address for Service). File at the court registry nearest to where the contractor lives or carries on business, or where the work was done.

The filing fee is $156 for claims over $3,000. If you file through Court Services Online (CSO), add a $7 transaction fee per package. You can also file in person at the registry counter or by mail with a cheque payable to the Minister of Finance.

In your claim narrative, be specific:

• "On January 5, 2026, I contracted with the defendant to renovate my kitchen for $25,000. I paid a $12,000 deposit by e-transfer on January 6."
• "The defendant began demolition on January 15 and abandoned the job site on February 3 with no further work completed."
• "I demand return of the deposit less the value of work completed, totalling $10,500."

Step 4: Serve the Contractor

You have 12 months from filing to serve the Notice of Claim. For an incorporated company, deliver the documents to the registered office address shown on your corporate search, or send them by registered mail with signature delivery confirmation. For an individual sole proprietor, serve them personally or by registered mail.

After service, complete a Certificate of Service (Form 4) and file it at the registry. Attach the Canada Post delivery tracking record if you used registered mail.

Step 5: The Settlement Conference

If the contractor files a Reply, the registry usually schedules a settlement conference — typically on MS Teams under Practice Direction SM CL 02. The presiding judge reviews both sides, evaluates the strength of each case, and encourages settlement. If the contractor does not file a Reply, you can apply for a default order; an unliquidated claim for damages may require an Assessment Hearing.

Bring your contract, all payment receipts, photographs of the unfinished or defective work, any text messages or emails with the contractor, and repair estimates from other contractors showing what it will cost to fix or complete the work.

If a claim in the proceeding is over $10,000 and no more than $35,000, and no Rule 7.3 exclusion applies, any party may file and deliver a Notice to Mediate (Form 29) after a Reply is filed.

Step 6: Trial and Judgment

If the case does not settle, it goes to trial. Prepare a page-numbered document book with your contract, payment records, photos, repair estimates, and correspondence. Call witnesses who can testify to the condition of the work — a second contractor who inspected the job, a neighbour who saw the site abandoned.

If you win, the judge issues a Payment Order. If the contractor does not pay voluntarily, you can pursue enforcement through payment hearings, garnishment of wages or bank accounts, or seizure and sale of assets.

For a complete guide that walks you through every form, fee, and deadline in BC Provincial Court small claims, see our BC Provincial Court small claims guide.

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