Make ThemPay.

Ontario Small Claims Court · claims up to $50,000

The mechanic charged more and fixed less.

A dispute with a mechanic over bad work or a bill above the estimate is a money claim. Small Claims Court hears it up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The Consumer Protection Act, 2002 also sets rules for vehicle repairs: a written estimate on request, and a limit on charges above it [VERIFY CPA, 2002, Part VI, ss. 56–58].

Check your claim, free Write the demand letter

What you have to show

  1. 1. What you asked for and what was agreed: the estimate, the work order, the texts.
  2. 2. What the shop did, what it charged, and how that differs from the estimate.
  3. 3. The loss: a second shop's diagnosis and invoice, or the cost to fix the bad work.

Documents that help

  • • The estimate and the final invoice.
  • • Photos or video of the vehicle and the parts, dated.
  • • A second mechanic's written diagnosis and invoice.
  • • Texts, emails, and call notes with the shop.
  • • Any warranty document for the parts or the labour.

The route

Ask the shop in writing to fix the work or reduce the bill. If you paid by card, ask the card issuer about a chargeback. Then a demand letter with one date. Then a Plaintiff's Claim (Form 7A), with the estimate, the invoice, and the second opinion attached (rule 7.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06). Sue the legal name of the shop, not the sign.

Deadline. 2 years from the day you discovered the bad work or the overcharge (Limitations Act, 2002, s. 4 and s. 5).

From here to paid

DemandA letter with a date, free. A lawyer's letter on letterhead, $249.ClaimForm 7A filled from your answers, free. Filing Package $49. Filed for you $499.TrackService, defence, default, conference, trial: one dashboard, every deadline counted.CollectGarnishment and writs filled from the judgment. Or hand it off on contingency.

Questions people ask

Can I sue a mechanic in Small Claims Court in Ontario?
Yes. A claim against a repair shop for bad work, damage to the vehicle, or an overcharge is a money claim. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). File a Plaintiff's Claim (Form 7A) and pay $108 (O. Reg. 332/16, as stored 2026-01-06). Attach the estimate, the invoice, and a second opinion (rule 7.01(2)).
Can a mechanic charge more than the estimate in Ontario?
Only within limits. Under the Consumer Protection Act, 2002, a repairer must give a written estimate if you ask [VERIFY CPA, 2002, s. 56]. The shop cannot charge more than 10% above that estimate without your consent [VERIFY CPA, 2002, s. 58]. The shop cannot charge for work you did not authorize [VERIFY CPA, 2002, s. 57]. Keep the estimate. The gap between the estimate and the bill is the main part of your claim.
What if the shop keeps my car until I pay?
A repair shop can hold a vehicle for an unpaid bill under the Repair and Storage Liens Act [VERIFY]. You can pay under protest to get the car back, then sue for the overcharge in Small Claims Court [VERIFY the Repair and Storage Liens Act procedure]. Write 'paid under protest' on the invoice and keep a copy. Get advice fast; storage charges can grow every day.
Is there a warranty on car repairs in Ontario?
The Consumer Protection Act, 2002 sets a minimum warranty on new or reconditioned parts and the labour to install them [VERIFY CPA, 2002, s. 63]. The warranty is 90 days or 5,000 km, whichever comes first [VERIFY]. The shop can give a longer warranty in writing. If the repair fails inside the warranty, tell the shop in writing right away, and keep the mileage record of the vehicle.
Do I need an expert to sue a mechanic?
Not always. A written diagnosis and invoice from a second licensed shop is often enough to show the defect and the cost to fix it. Bring that person as a witness if the shop disputes the cause. List witnesses on Form 13A at least 14 days before the settlement conference (rule 13.03(2)). Expert fees can be a recoverable disbursement (rule 19.01).

Other situations

Legal information, not legal advice. Rules cited are from the Rules of the Small Claims Court, O. Reg. 258/98, and the Limitations Act, 2002. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.