Hiring a contractor or vendor should make your life easier. Whether it’s a kitchen renovation, a home addition, or purchasing building materials, you expect professionalism and results.
But things can go wrong sometimes. For example, the contractor might leave the job unfinished, do poor work, or simply stop responding. In such cases, you have to take some sort of action.
Taking legal action is one of them, but it is not that easy. However, this guide will cover all the important steps that you need to take in order to sue a contractor in Ontario.
When to Sue a Contractor or Vendor?
Not every disagreement leads to a lawsuit. However, when a contractor breaches a deal, leaves work unfinished, or causes damage, the situation may require legal action. In these cases, you have the right to take legal action against the contractor in Ontario.
Problems with vendors also happen. Maybe the materials you ordered were never delivered, or they arrived damaged. If the vendor refuses to refund you or send replacements, you may need to sue the vendor.
Understand Your Legal Options in Ontario While Suing
In Ontario, your case will usually be heard in one of two courts: Small Claims Court or the Superior Court of Justice. The choice depends on the amount of money involved and the complexity of the case.
Most people dealing with a contractor dispute in Ontario file in Small Claims Court. It handles cases involving up to $35,000. If your case involves more than that, or if there are complicated legal issues, you may need to go to the Superior Court of Justice instead.
However, Small Claims Court is faster, simpler, and more affordable for most homeowners and consumers.
If your case is about poor workmanship, unfinished projects, or other issues involving contractors or vendors, Small Claims Court is usually the right place to start.
How to Sue a Contractor or Vendor in Ontario Civil Court
This section walks you through each part of the process, from preparing your case to enforcing the court’s decision.
Confirm That You Have a Valid Claim
Before you sue, make sure your case is worth going to court. Ask yourself:
- Did the contractor or vendor fail to do what they promised?
- Did this cause you to lose money, time, or property value?
- Have you tried to resolve the issue directly?
- Are you still within Ontario’s two-year limitation period?
You should have a clear reason for taking legal action. Most people file claims because of contractor’s breach of contract, unfinished work, or poor workmanship.
If you’re dealing with a construction dispute in Ontario, your first step is knowing that the problem qualifies as a legal issue.
2. Gather All Your Evidence
You can’t prove your case without evidence. Start by collecting your written contract, receipts, emails, texts, and any photos or videos that show the work or materials.
You may also want to get a written estimate from another contractor showing how much it will cost to fix or complete the job. The more organized you are, the stronger your claim will be.
3. Try to Resolve the Dispute Outside of Court
Before filing a lawsuit, give the contractor or vendor one last chance to fix the issue. This is often done through a demand letter. A demand letter explains what went wrong, what you want done, and a deadline for their response. The deadline given is usually within 10 to 14 days.
If you’re dealing with a vendor or contractor who won’t respond or refuses to cooperate, this letter can help show the court that you made a fair attempt to settle.
In some cases, involving Consumer Protection Ontario or the Home Construction Regulatory Authority can resolve things without a lawsuit.
4. File Your Claim in the Right Court
If nothing changes after your demand letter, it’s time to file a claim. For claims up to $35,000, you can sue in Ontario Small Claims Court. If the amount is higher or the case is more complex, the Superior Court of Justice may be necessary.
To sue a contractor or sue a vendor in Ontario, fill out the Plaintiff’s Claim form (Form 7A). This form asks you to list the names of the parties, explain the situation, and state how much money you’re asking for.
Include all relevant details, what the contractor promised, what they failed to do, and what it cost you.
You can file the claim online through the Small Claims Court e-filing system or in person at your local courthouse.
5. Serve the Court Documents
Once your claim is filed, the next step is to serve the contractor or vendor with the court papers. Serving means officially delivering the documents so that the defendant knows they are being sued.
You can serve them by hand, through registered mail, or by hiring a professional process server. After serving, complete the Affidavit of Service form to prove that the papers were delivered properly.
6. Wait for a Response from the Contractor or Vendor
After being served, the contractor or vendor has 20 calendar days to respond. They can admit to the claim, dispute it, or make a counterclaim.
If the contractor doesn’t respond at all, you can ask the court for a default judgment, which means you may win automatically.
If they do respond, the case continues toward a settlement conference or trial.
7. Attend a Settlement Conference
The court will usually schedule a settlement conference before the trial. This is a meeting between you, the contractor or vendor, and a judge. The goal is to see if the problem can be solved without a full trial.
You must bring all your evidence to this meeting. That includes your contract, communications, photos, receipts, and any repair estimates. The judge may offer advice or suggest how the issue could be resolved.
Sometimes, both parties agree on a fair settlement and avoid going to trial.
8. Prepare for Trial If Needed
If no settlement is reached, your case will go to trial. This is your chance to tell your side in court and explain why the contractor or vendor should be held responsible.
You will need to show your proof, describe what happened, and answer the judge’s questions. You may also bring witnesses if you have any.
For example, another contractor could explain what work was missing or done poorly. Stay calm and focus on the facts.
The judge will look at the contract, the promises made, what work was or wasn’t done, and the money you lost. If the judge agrees with you, they will make a court order in your favor.
Legal Options While Suing Someone in Ontario
In some cases, a contractor or vendor may also break Ontario’s consumer protection laws.
For example, if a contractor pressured you to sign a contract or refused to provide a written estimate, they may have broken your rights under the Consumer Protection Act.
You can file a complaint with Consumer Protection Ontario, and in some cases, this may lead to a solution without going to court.
If the issue involves a licensed builder, you may also contact the Home Construction Regulatory Authority.
They may investigate and take action if the builder did not follow the rules.
Final Note on Suing in Ontario
Whether your concern is a contractor who left work unfinished, a vendor who failed to supply materials, or a renovation that went off track, Ontario offers a clear legal process.
Starting legal action can feel difficult, but you do have support.
If you have been treated unfairly and other efforts did not work, suing in Small Claims Court may be your best next step.
Frequently Asked Questions
Yes, you can sue a contractor in Ontario if they did not finish the job you agreed on. This breaks the contract, and Small Claims Court is the usual way to handle it.
How do I take legal action against a contractor in Ontario?
You can take legal action by filing a claim in Small Claims Court or the Superior Court of Justice, based on how much you are asking for. You will need to show proof of the deal and how the contractor did not follow it.
Yes, you can file a case in Small Claims Court if the work was poor and not up to standard. You will need photos, the contract, and repair bills as proof.
What is the process to sue a contractor in Ontario?
The steps are collecting proof, filing the claim, giving it to the contractor, going to court, and making sure you get paid if you win. It follows a clear path, and Small Claims Court makes it easier.
Having a written contract helps, but you can still sue without one if you have receipts, emails, texts, or witnesses. The court will look at everything to see if there was a deal.
You can ask for up to $35,000 in Small Claims Court. If you want more, you have to go to the Superior Court of Justice.
You should have a copy of the contract, invoices, proof of payment, photos, messages like emails or texts, and repair quotes. These show what went wrong and what it cost.
Yes, you can still get money back even if the contractor has no license, if you can prove your case. A missing license might affect the fine, but not your right to sue.
If a contractor takes your money and leaves, it may be fraud. You should tell the police and Consumer Protection Ontario. You can also sue in court to get the money back.
It is usually better to settle if both sides agree, because it saves time and money. But if the contractor won’t work with you, the court might be the only way to get paid.
Disclaimer: The information provided in this blog is for general informational purposes only. It is not legal advice and should not be relied on as such.
