How to Sue a Contractor in Yukon Small Claims Court

When You Have a Claim Against a Contractor

A contractor who took your deposit and disappeared. A renovation finished months late with visible defects. A quoted price of $8,000 that ballooned to $14,000 with no written change order. These are the contractor disputes that land in Yukon Small Claims Court every year.

If the total you are claiming is $25,000 or less (not counting interest and costs), Small Claims Court is the right forum. You do not need a lawyer, and the process is designed for people to handle themselves.

Get the Contractor's Legal Name Right

This is where most contractor claims go wrong. The sign on the truck says "Yukon Pro Renovations" but the registered business might be "456789 Yukon Inc." — or it might be a sole proprietor named Dave Smith operating under a trade name.

Before you fill out Form 01, search the Yukon Corporate Online Registry (YCOR) at Corporate Affairs, 307 Black Street, Whitehorse, or call (867) 667-5314.

• If the contractor is incorporated, use the exact corporate name from YCOR on your claim form.
• If the contractor is a sole proprietor, name them as "Dave Smith operating as Yukon Pro Renovations."
• If it is a partnership, name each partner and serve Form 06 — Notice to Alleged Partner alongside the claim.

A judgment against the wrong legal entity is unenforceable. You could win the case and still collect nothing because the person who actually holds the assets is not the person named on the judgment.

Build Your Evidence File

Contractor claims are document-heavy. Gather everything before you file:

• The contract or written estimate — what was agreed, the price, the timeline, and the scope of work
• Proof of payment — bank transfers, cheques, credit card receipts showing the deposit or progress payments
• Photos of the work — before, during, and after shots showing defects, incomplete work, or damage
• Independent repair estimates — get at least two written quotes from other contractors to fix or complete the work; these establish your damages figure
• Correspondence — every text, email, voicemail, and written note between you and the contractor, in date order
• The demand letter — your formal written demand and proof it was delivered

Calculate Your Claim

Your claim amount should reflect actual financial loss:

• Unearned deposit: The deposit paid minus the fair value of any work actually completed
• Cost to complete: What another contractor will charge to finish the job, minus what you have not yet paid the original contractor
• Cost to repair: Independent estimates to fix defective work
• Consequential damages: Reasonable out-of-pocket costs directly caused by the breach (temporary accommodation if the house was uninhabitable, storage fees, etc.)

Do not inflate the number. Judges see through padded claims, and it undermines your credibility on the legitimate portions.

File, Serve, and Follow Through

Once your evidence is organized and your damages calculated:

1. File Form 01 — Claim at any Yukon court registry. Filing fee: $50 for claims up to $5,000, $100 for claims over $5,000.
2. Serve the contractor. Personal service is best for contractor disputes — hand the stamped claim directly to the individual, or to an officer at the registered corporate address. File Form 07 — Affidavit of Service to prove delivery.
3. Attend the settlement conference. Many contractor disputes settle here. Come with a clear bottom-line number and be prepared to negotiate.
4. Go to trial if needed. Present your evidence chronologically. Let the photos and repair estimates do the talking.

After You Win

A judgment orders the contractor to pay. If they do not, enforcement options include garnishment of their bank accounts or wages, seizure of equipment or vehicles, and a financial examination where they must disclose assets under oath.

The Making a Small Claim in Yukon guide covers the full process — from identifying the contractor's legal name through YCOR to enforcing a judgment — with a service tracking log and evidence checklist you can print and follow.

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