How to Sue a Contractor in Ontario Small Claims Court
A contractor took your deposit and disappeared. Or they showed up, did shoddy work, and stopped returning your calls. Either way, you're out thousands of dollars and want it back. Ontario's Small Claims Court handles these disputes up to $50,000 — but contractor cases have specific evidence and naming requirements that catch people off guard.
Confirm the Claim Fits
Most contractor disputes fall squarely within Small Claims Court jurisdiction. A $10,000 deposit for unfinished kitchen renovations, a $6,000 overpayment for substandard bathroom work, $15,000 in damages from a botched roof repair — all under the $50,000 ceiling.
Two exceptions to watch for. First, if the contractor has registered a construction lien against your property under the Construction Act, that dispute must go to Superior Court. Second, if your damages exceed $50,000, you must either abandon the excess to stay in Small Claims Court (Section 23 of the Courts of Justice Act) or file in Superior Court.
Most residential contractor disputes involve deposits, overpayments, or the cost to fix bad work — rarely above $50,000. Small Claims Court is almost always the right forum.
Name the Right Entity
This is where contractor claims fail most often. The handyman you hired as "Mike's Reno Service" might be Michael Kowalski operating as a sole proprietor, Kowalski Renovations Inc. (a corporation), or an unregistered individual doing cash work under a made-up name.
Run a search through the Ontario Business Registry to find out. The search costs $8 to $12 and tells you whether the business is a sole proprietorship, partnership, or corporation — and gives you the registered legal name.
- Sole proprietor: Name the individual carrying on business as the trade name: "Michael Kowalski carrying on business as Mike's Reno Service" (per Rule 5.06)
- Corporation: Name the exact corporate name from the registry: "Kowalski Renovations Inc."
- Individual (no registration): Name the person by their full legal name
Getting this wrong has consequences. A judgment against "Mike's Reno Service" (a trade name) is unenforceable against Michael Kowalski's personal bank account. A judgment against a dissolved corporation is worthless. Spend the $10 on the search.
Gather Your Evidence
Contractor disputes are won or lost on documentation. Start collecting everything now — the court expects organized, specific evidence.
The contract or agreement. Written, emailed, or even a text message thread. Whatever you have showing the scope of work, the price, the timeline, and what was agreed. If nothing was in writing, your claim isn't dead — oral contracts are enforceable — but your evidence needs to be stronger elsewhere.
Payment records. Bank statements, e-Transfer confirmations, cancelled cheques, cash withdrawal records if you paid cash (pair these with the contractor's written receipt if you have one). The court needs to see exactly what you paid.
Communication records. Text messages, emails, WhatsApp messages showing the contractor's promises, excuses, and non-responses. Screenshot and print everything — phones break and message histories get deleted.
Photographs. Before, during, and after photos of the work site. Date-stamped photos showing incomplete or defective work are powerful evidence.
Repair estimates. If you're claiming the cost to fix bad work, get written quotes from two or three other contractors. The court wants to see reasonable market-rate repair costs, not inflated numbers.
Expert reports (if needed). For structural or technical defects, a home inspector's report or engineer's assessment strengthens your case. Serve expert reports on the defendant at least 30 days before trial under Rule 18.02.
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Send the Demand Letter
Before filing, send a written demand to the contractor at their registered address. Include the factual basis for the debt (deposit paid, work not done or done badly), the exact amount owed, a 10 to 14 day payment deadline, and payment instructions.
Send by registered mail so you have proof of delivery. Many contractors settle once they receive a formal demand — especially sole proprietors who realize their personal assets are at risk.
File and Serve
File your Plaintiff's Claim (Form 7A) with the $108 filing fee through Justice Services Online or at the court office in the territorial division where the work was performed, where the contractor carries on business, or where the court place of sitting is physically nearest to the contractor's residence or place of business.
Attach copies of the contract, demand letter (with delivery proof), and key invoices or receipts to your Form 7A.
Serve the claim within six months. For sole proprietors, personal service (handing it directly to them) is straightforward. For corporations, serve the registered office. If the contractor is avoiding service — and some do — hire a process server or apply for substituted service under Rule 8.04.
At the Hearing
Contractor cases at the settlement conference and trial follow a predictable pattern. The judge wants to see:
- What was agreed (contract, messages, estimates)
- What you paid (bank records)
- What was delivered (photos, inspection reports)
- What it costs to make it right (repair quotes from other contractors)
Present your evidence in that order. The gap between what you paid and what you received (or the cost to fix what you received) is your claim.
If the contractor doesn't respond to the claim at all, you move to default judgment — $94 for a liquidated claim. If they do respond, prepare for a settlement conference where the deputy judge will assess the strength of both sides' positions.
For the full filing roadmap, from demand letter through judgment, see our Ontario Small Claims Filing Guide.
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