The mechanic charged more and fixed less.

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 cannot charge for work unless it first gives you an estimate (s. 56(1)). The exception: you decline an estimate and set a maximum price (s. 56(2)). The shop cannot charge more than 10% above that estimate (s. 58(2)). The shop cannot charge for work you did not authorize (s. 58(1)). 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 keep a vehicle until the repair bill is paid (Repair and Storage Liens Act, s. 3(1)). No lien arises if the shop broke the estimate and authorization rules, and the lien cannot exceed the 10% cap (s. 3(2) and (2.1)). You can pay to get the car back, then sue for the overcharge in Small Claims Court (Consumer Protection Act, 2002, s. 58(2)). Or you can pay the disputed amount into court and get the car released while the dispute continues (Repair and Storage Liens Act, s. 24). 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 (s. 63(1)). The warranty is 90 days or 5,000 km, whichever comes first (s. 63(1)). If the vehicle becomes unsafe or will not run, and you cannot reasonably return to the shop, use the closest facility. You can recover that cost and towing from the original shop (s. 63(3) and (4)). 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).