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

The contractor took the deposit and stopped.

Paid up front, work never finished or never started. This is a money claim in Small Claims Court up to $50,000. The claim is for the deposit, plus the cost to fix or finish if it is more than what you would have paid.

Check your claim, free Write the demand letter

What you have to show

  1. 1. What was agreed: scope, price, dates. Written is best; texts and emails count.
  2. 2. What you paid, and when.
  3. 3. What was done, what was not, and what it costs to finish (a second quote helps).

Documents that help

  • • The contract, quote, or the texts that set the deal.
  • • Receipts, e-transfer confirmations, bank records.
  • • Photos of the site, dated.
  • • The second contractor's quote to finish or repair.

The route

A demand letter with a firm date. Then Form 7A. Sue the business name on the contract and, if it is a sole proprietor, the person too. Check the Consumer Protection Act cooling-off rules for home contracts [VERIFY the current CPA provisions for your contract].

Deadline. 2 years from the day you discovered the loss (Limitations Act, 2002, s. 4).

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 contractor who took my deposit and did not do the work?
Yes. A contractor who takes a deposit and does not do the work owes you that money. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). Send a demand letter with one date to pay. If the date passes, file a Plaintiff's Claim (Form 7A) and pay $108 (O. Reg. 332/16, as stored 2026-01-06).
Do I need a lawyer to sue a contractor in Ontario?
No. You can file and run the claim yourself. A licensed lawyer or paralegal can act for you if you want one (Law Society Act s. 26.1). The costs a court can order for a representative are capped at 15% of the amount claimed, except where the court penalizes bad conduct (Courts of Justice Act s. 29; rule 19.04). A lawyer check of your package is a middle option.
How much can I claim from a contractor who did not finish?
You can claim the deposit, less the value of any work done. If the cost to finish or fix the work exceeds the unpaid contract balance, you can claim that extra cost too [VERIFY]. Get a second quote to show the number. The total must not exceed $50,000, and you cannot split one claim into two to fit (rule 6.02).
Who do I sue: the contractor or the company?
Sue the legal entity that made the contract (rule 7.01(2)). A corporation has a name that ends in Inc., Ltd., or Corp. A sole proprietor is a person, so you sue the person and add the business name. Search the Ontario Business Registry to confirm the name and the status. A judgment against a wrong name is hard to enforce.
How long do I have to sue a contractor in Ontario?
You have 2 years from the day you discovered the loss (Limitations Act, 2002, s. 4 and s. 5). In most cases, that is the day the contractor stopped work or missed the start date. Promises to come back do not stop the clock. Use the deadline calculator, then send the demand letter with one date to pay.

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.