Sued by a Contractor in Ontario Small Claims Court
A Contractor Filed a Claim Against You — Now What
A contractor or renovation company has served you with a Plaintiff's Claim (Form 7A) in Ontario Small Claims Court, demanding payment for work they say they completed. You have 20 calendar days to serve and file a Defence (Form 9A). Here's how to think through the response.
First: Check the Jurisdictional Boundary
Not every construction dispute follows the same procedure. A construction lien is enforced through an action under Ontario's Construction Act in the Superior Court of Justice. Under section 58 of the Act, a judge may refer the trial of a lien action to a deputy judge of Small Claims Court if the action is within that court's monetary jurisdiction. A registered lien by itself does not show that a separate Small Claims monetary claim was filed in the wrong court.
How to check: search the title of your property through the Ontario Land Registry (Teraview). If a lien is registered, check what relief the contractor is seeking before raising a jurisdictional objection; lien rights and a separate claim for money may involve different procedures.
If the contractor skipped the lien process and just filed a breach-of-contract claim in Small Claims Court for money owed, that's a straightforward monetary dispute and Small Claims Court has jurisdiction up to $50,000.
Common Defence Arguments
The Work Was Defective or Incomplete
The most common defence in homeowner–contractor disputes. If the contractor didn't finish the job, did it poorly, or didn't follow the agreed scope, your Defence explains what was contracted for, what was actually delivered, and how they differ.
Evidence that matters:
- The written contract or quote — scope of work, materials specified, completion dates, payment milestones
- Change orders — any written or text-message agreements to modify the original scope
- Photos and videos — document the condition of the work at each stage, especially defects
- Independent inspection reports — a report from another licensed contractor or trade professional assessing the quality is strong evidence
- Communication records — texts, emails, voicemails where you raised concerns about the work
You Already Paid in Full
If you paid the contract amount (or what the contract said was owed at each milestone) and the contractor is demanding more, your Defence outlines the payment schedule, shows proof of each payment (e-transfers, cheques, bank statements), and demonstrates that the contract price has been satisfied.
The Amount Is Wrong
The contractor says you owe $15,000 but your records show $8,000 in outstanding invoices. File a Defence disputing the amount and, if the arithmetic supports it, admit the portion you actually owe with a payment proposal.
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Filing a Defendant's Claim (Counterclaim)
If the contractor's defective work cost you money — you hired someone else to fix it, or suffered property damage — you may have your own claim against the contractor. This goes in a Defendant's Claim (Form 10A), filed within 20 days after your Defence or later with leave of the court before trial or default judgment. Filing fee: $108.
For example: the contractor sues for $12,000 in unpaid invoices. You spent $6,500 hiring another contractor to redo the tiling and repair water damage caused by improper plumbing. You file a Defence disputing the $12,000, and a Defendant's Claim for $6,500 in remediation costs.
The Defendant's Claim is tried with the action unless the court orders otherwise. The settlement conference generally addresses both claims.
Evidence Preparation
Contractor disputes live and die on documentation:
- Organize chronologically — create a timeline from the initial quote through the last communication
- Get the remediation estimates in writing — if you hired someone else to fix the work, get a detailed invoice or written estimate explaining what was wrong and what it cost to correct
- Preserve digital evidence — screenshot text message threads and email chains; print them with dates visible
- Expert reports — if the dispute involves technical questions (structural integrity, code compliance, electrical work), a written opinion from a qualified professional carries significant weight. Serve expert reports on the other side at least 30 days before trial (Rule 18.02).
Settlement Conference Strategy
Most contractor disputes settle at the mandatory settlement conference. The deputy judge will evaluate both sides' positions and suggest a range. Come prepared with:
- A clear summary of your position (one page, bullet points)
- All supporting documents organized and labelled
- A realistic bottom line — what would you accept to resolve this without a trial?
- The trial-fixing fee in mind ($308) — settling avoids this cost and the trial stage
The Full Defence Walkthrough
Our Ontario Small Claims Court Defence Guide covers the entire process for defendants, including worked examples for construction disputes, evidence organization checklists, and deadline calculators for both the Defence and Defendant's Claim filings.
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