Suing Contractor Small Claims Court Manitoba

Does Your Contractor Dispute Belong in Small Claims?

If your claim is for money — a deposit that was not returned, work that was paid for but never finished, or repairs that need to be redone — and the total is $20,000 or less, Manitoba Small Claims Court can handle it. The court awards monetary damages only. It cannot order a contractor to come back and finish the job.

If you are a residential tenant disputing work done by a landlord, that likely goes to the Residential Tenancies Branch, not Small Claims Court.

Identify the Right Defendant

This is where contractor claims go wrong most often. You need to name the correct legal entity on your Form 76A.

Sole proprietor with a trade name. If "Premier Reno" is one person operating under a business name, you sue that person: "David Lee operating as Premier Reno." A judgment against just "Premier Reno" may be unenforceable because it is not a legal person.

Incorporated company. If the contractor is "Premier Renovations Ltd.," that corporation is a separate legal entity. Sue the corporation by its exact registered name. Get the name and registered office address from the Manitoba Companies Office — a free search at companiesoffice.gov.mb.ca confirms whether the entity is active; a $5 File Summary gives you the registered office address for service.

Not sure which it is? Run the Companies Office search, then confirm the legal entity and owner's identity from the contract, invoice, or directly with the contractor. If the contractor is a sole proprietor using a business name, the claim should identify the individual owner because the trade name is not a separate legal person.

Calculate Your Damages

Be specific. "The contractor did a bad job" is not a number. Your claim should break down into concrete losses:

• Unreturned deposit. The amount you paid minus the value of any work actually completed. If you paid $8,000 and got $2,000 worth of usable work, your claim is $6,000.
• Cost to complete or repair. Get quotes from other contractors to finish or fix the work. Two or three quotes strengthens your case.
• Incidental costs. If the contractor's conduct forced you to pay for temporary housing, storage, or emergency repairs, document those expenses as part of your claimed losses; whether they are recoverable depends on the facts.

General damages (stress, inconvenience) are capped at $2,000 within your total claim.

Build Your Evidence

Contractor disputes are won or lost on documentation. Gather:

• The written contract, quote, or text-message agreement
• Proof of payment (bank statements, e-transfer receipts, cancelled cheques)
• Photographs of the incomplete or defective work, with dates
• Communications showing the contractor acknowledged the problem or went silent
• Repair quotes from replacement contractors
• Your demand letter and the tracking receipt showing delivery

If you never had a written contract, text messages, emails, or voicemails discussing the scope of work and price may help document the agreement.

Send a Demand Letter

Before filing, send a written demand to the contractor's correct legal name and address. State the facts, itemize what you are owed, and give them 10 to 14 business days to pay. Send it by registered mail so you have proof of delivery.

If the contractor ignores or disputes the demand, keep the correspondence and delivery records with your case documents; the demand itself does not prove liability.

File and Serve

Complete Form 76A with the contractor's legal name, your itemized damages, and a factual narrative. Pay the filing fee ($75 for claims up to $5,000, $100 for claims over $5,000) and submit paper copies at a Court of King's Bench registry.

Within 30 calendar days, serve the contractor with the issued Form 76A, the "Important Information" page, and a blank Form 76D. For an individual, personal service is most reliable. For a corporation, deliver the documents to a director, officer, or manager, or leave them with adult personnel at the registered office. File your Declaration of Service (Form 76B) with the court.

At the Hearing

Bring your organized evidence binder. Walk the Court Officer through the timeline: the agreement, the payments, what went wrong, your demand letter, and the cost to fix things. Let the documents tell the story. If a replacement contractor can testify about what they found, that independent assessment carries weight.

The Making a Small Claim in Manitoba guide covers the entire contractor-dispute workflow from demand letter to enforcement, with printable evidence organizers and a damages calculation worksheet.

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