Sue a Contractor in Small Claims Court Nova Scotia: Step-by-Step

The Contractor Scenario

You paid a deposit for renovations or repairs. The contractor started late, did half the job badly, or never showed up at all. Now they won't return your money and they've stopped answering calls. This is the most common type of contractor dispute in Nova Scotia Small Claims Court, and it's exactly what the court was built to handle.

Claims under $25,000 CAD — which covers most residential renovation deposits — go through Small Claims. No lawyer required.

Step 1: Figure Out Who You're Actually Suing

This is where contractor claims go wrong most often. Contractors in Nova Scotia frequently operate under a trade name that doesn't match their legal identity. "Maritime Pro Renovations" might be a sole proprietor named David Murphy, or it might be Maritime Pro Renovations Ltd. — an incorporated company. Naming the wrong entity on your Form 1 can make the entire judgment unenforceable.

Search the Registry of Joint Stock Companies (RJSC) to find out what you're dealing with:

• Sole proprietor: Sue David Murphy operating as Maritime Pro Renovations
• Corporation: Sue Maritime Pro Renovations Ltd. (exact registered name, including the legal suffix)
• Partnership: Sue each general partner by name, carrying on business as [firm name]

Watch for dissolved companies. A dissolved status can complicate identifying and serving the correct defendant. Do not assume the directors are personally liable just because the corporation is dissolved; verify the proper party before filing.

Step 2: Send a Demand Letter

Not required by law, but it establishes the record. Write a clear, factual demand letter that includes:

• The contract details — date signed, work described, deposit amount paid
• What the contractor did or failed to do
• The specific dollar amount you want returned
• A 10–14 day deadline to pay
• The consequence: "I will file a Notice of Claim in Small Claims Court without further notice"

Mark it "WITHOUT PREJUDICE" and send it by registered mail or tracked courier. Keep the delivery receipt.

Step 3: File Form 1

If the contractor doesn't pay by the deadline, file your Notice of Claim at the courthouse serving the district where the work was supposed to happen or where the contractor operates.

On Form 1, describe the facts simply: the contract, the deposit, the failure to perform, the unresponsive demand. Include your damages calculation:

• Principal: The deposit amount (or the cost to fix defective work, supported by a repair estimate from another contractor)
• Pre-judgment interest: The contractual rate if one applies, or the 4% per annum default rate from when the debt or damage arose
• Filing fee: $99.70 (claims under $5,000) or $199.35 ($5,000–$25,000), which you're asking the court to award back

Step 4: Serve the Contractor

Someone other than you — a friend, family member, or process server — must personally hand the issued Form 1 to the contractor at least 20 clear days before the hearing. If the contractor is a corporation, serve an officer, director, or adult employee at the registered office.

If the contractor is dodging service (not answering the door, denying their identity), document every attempt and apply to the court for substituted service.

Step 5: Build Your Evidence Binder

Contractor disputes are won on paper. Prepare three identical binders with:

• The signed contract or written quote
• Bank records showing the deposit payment (e-transfer receipt, cancelled cheque, bank statement)
• Any text messages, emails, or WhatsApp conversations about the work
• Photos of unfinished or defective work (date-stamped if possible)
• A repair estimate from a licensed contractor showing the cost to fix or complete the work
• Your demand letter and the registered mail delivery receipt
• A one-page chronological timeline

The adjudicator is a practicing lawyer who deals with these cases regularly. A clear, organized binder makes their job easier and your claim harder to argue against.

What If the Contractor Doesn't Respond

If the contractor fails to file a Defence within 20 days of being served, you can request a default judgment. File your Affidavit of Service with the court and submit a written request. For a fixed, documented amount, the adjudicator may issue an order without an oral hearing; if the amount needs to be assessed, the court may schedule a hearing so you can prove your loss.

What If They File a Counterclaim

The contractor might argue you owe them money — for materials they bought, work they partially completed, or storage costs for equipment left on site. They file this on Form 2 along with their Defence. Both the claim and counterclaim get heard together at the same hearing.

Prepare for this by documenting what work (if any) was actually completed, its value, and any defects. If the partial work is defective, get a written assessment from another contractor.

Collecting the Judgment

Winning the order is one step. Collecting from a contractor who already demonstrated bad faith takes persistence. If they don't pay voluntarily, enforcement options include:

• Recording the order against their property at the Land Registration Office
• An Execution Order through the Sheriff's office to seize assets
• Garnishment of bank accounts or wages

For the complete filing-to-collection process with worksheets for every step, the Nova Scotia Small Claims Filing Guide was designed for exactly this kind of case.

See more Nova Scotia guides →