The cheque bounced. The debt did not.

Questions people ask

Can I sue someone for a bounced cheque in Ontario?

Yes. A cheque returned NSF shows a debt. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The signer of a cheque engages that it will be paid, and must compensate the holder if the bank dishonours it (Bills of Exchange Act, ss. 129(a) and 165(2)). File a Plaintiff's Claim (Form 7A), attach the cheque (rule 7.01(2)), and pay $108 (O. Reg. 332/16, as stored 2026-01-06).

Do I need to prove the original debt, or is the cheque enough?

The cheque itself is strong evidence. The signer engaged to pay a fixed sum, and the Act sets the damages at that amount plus interest (Bills of Exchange Act, ss. 129(a) and 133). Attach the invoice or the agreement behind it as well (rule 7.01(2)), because a defendant can raise a dispute about the underlying deal. A claim for a fixed sum is liquidated, so the clerk can sign a Default Judgment without a trial if no Defence is filed (rule 11.02).

Can I claim the NSF fee my bank charged me?

You can list it as a separate item, with the bank statement attached (rule 7.01(2)). The Act fixes the damages on a dishonoured cheque as the amount, interest, and the expenses of noting and protest (Bills of Exchange Act, s. 133). The court decides whether to add the fee. Claim prejudgment interest from the day the cheque was dishonoured (Courts of Justice Act s. 128). If you win, the court can also order costs, including your claim fee and service costs, as disbursements (rule 19.01). List each amount separately on Form 7A.

Is writing a bad cheque a crime?

It can be. Obtaining anything by a false pretence is an offence (Criminal Code, s. 362(1)(a)). A cheque returned for lack of funds is presumed a false pretence, unless the writer shows they reasonably believed it would clear (s. 362(4)). The police decide whether to lay a charge; you do not control that, and a charge does not get your money back. Small Claims Court is the route to a judgment for the amount. You can report to the police and sue at the same time.

What if the person wrote a new cheque and it bounced too?

Each returned cheque is more evidence of the debt. Do not accept replacement cheques for long; the 2-year clock runs from the first dishonour, in most cases (Limitations Act, 2002, s. 4 and s. 5). A part payment or a signed written acknowledgment restarts the clock if made before the 2 years end (Limitations Act, 2002, s. 13). Send one demand letter with one date, then file Form 7A.