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

You cancelled. They kept the fees.

A daycare, private school, course, or camp that keeps fees after a cancellation can owe you a refund. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The cancellation terms of the contract decide most of these cases, and the Consumer Protection Act, 2002 can add rights for some consumer agreements [VERIFY CPA, 2002, ss. 22–26].

Check your claim, free Write the demand letter

What you have to show

  1. 1. The agreement and its cancellation and refund terms.
  2. 2. The date you cancelled, in writing, and the notice the contract needed.
  3. 3. What you paid, what was refunded, and the balance you claim.

Documents that help

  • • The enrolment contract or the registration terms.
  • • Your written cancellation and the reply.
  • • Receipts or bank records for every payment.
  • • Any notice period or refund policy the business published.

The route

Read the cancellation clause. Send a demand letter with one date to pay. If you paid by card, ask the card issuer about a chargeback. If the date passes, file a Plaintiff's Claim (Form 7A) with the contract attached (rule 7.01(2)) and pay $108 (O. Reg. 332/16, as stored 2026-01-06). Name the legal entity of the operator, not the program name.

Deadline. 2 years from the day the business refused the refund, or from the day the refund was due (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 get a daycare deposit or tuition refund in Ontario?
It depends on the contract. Read the cancellation and refund terms first. If the business kept more than the contract allows, you can claim the balance in Small Claims Court, up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). For some consumer agreements, the Consumer Protection Act, 2002 adds a right to cancel [VERIFY CPA, 2002, ss. 22–23].
Is a non-refundable deposit legal for a daycare or a course?
A non-refundable deposit clause can be valid. The court reads the whole contract and can look at what the business lost from your cancellation [VERIFY]. You can challenge a deposit that is far above any real loss [VERIFY]. Keep the contract, the cancellation date, and any evidence that the business filled your place. Get advice if the amount is large.
What if the daycare or school closed and kept the money?
A business that closed still owes the refund, but a judgment is useful only if the business or its owner can pay. Search the Ontario Business Registry for the status. Sue the legal entity that took your money (rule 7.01(2)). If it is a sole proprietorship, the owner is the defendant. The free checker asks about collection before you spend the $108 fee (O. Reg. 332/16, as stored 2026-01-06).
How long do I have to sue for a tuition refund?
You have 2 years from the day the business refused the refund, or the day the refund was due (Limitations Act, 2002, s. 4 and s. 5). Emails that promise a refund later do not stop the clock, but a signed acknowledgment of the debt can restart it [VERIFY Limitations Act, 2002, s. 13]. Use the deadline calculator, then send the demand letter.

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.