Make ThemPay.

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

You cancelled the gym. The charges continued.

A gym or a membership business that charges after you cancel, or refuses to cancel, 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 Consumer Protection Act, 2002 gives special cancellation rights for personal development services agreements, which include gym memberships [VERIFY CPA, 2002, Part IV, ss. 29–36].

Check your claim, free Write the demand letter

What you have to show

  1. 1. The membership agreement, its term, and its cancellation terms.
  2. 2. Your cancellation: the date, the method, and the proof it arrived.
  3. 3. The charges after that date, from your bank or card statements.

Documents that help

  • • The signed membership agreement and any renewal notice.
  • • Your cancellation notice and the delivery proof.
  • • Bank or card statements that show each charge.
  • • Messages with the gym about the cancellation.

The route

Cancel in writing and keep the proof. Ask your bank or card issuer to stop the charges and to reverse the ones after cancellation. Send a demand letter with one date. If the date passes, file a Plaintiff's Claim (Form 7A) for the refund, with the agreement and the statements attached (rule 7.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06).

Deadline. 2 years from the first wrong charge, or from the day the gym refused the cancellation (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 cancel a gym membership in Ontario?
Yes, in many cases. The Consumer Protection Act, 2002 treats a gym membership as a personal development services agreement. You can cancel for any reason within 10 days after you receive the written agreement [VERIFY CPA, 2002, s. 35]. The agreement must be in writing, and its term cannot be longer than 1 year [VERIFY CPA, 2002, ss. 30–31]. Read the contract for other cancellation terms.
Can I sue a gym that keeps charging my card?
Yes. Charges after a valid cancellation are money you can claim back. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). First ask your bank or card issuer to reverse the charges; a chargeback is faster than court. Then send a demand letter. Then file a Plaintiff's Claim (Form 7A) and pay $108 (O. Reg. 332/16, as stored 2026-01-06).
Does the gym have to refund me if I cancel under the Consumer Protection Act?
If you cancel inside the cooling-off period, the supplier must refund what you paid within 15 days [VERIFY CPA, 2002, s. 96]. Consumer Protection Ontario can take a complaint about a business that does not comply, but it does not collect your money. You recover the money by a claim in Small Claims Court [VERIFY CPA, 2002, s. 100]. Keep the cancellation proof and the bank statements.
How do I prove I cancelled my gym membership?
Cancel in writing, in the way the contract says. Keep proof it arrived: an email with a read receipt, a registered letter, or a signed form from the front desk. Note the date. Under the Consumer Protection Act, 2002, you can give a cancellation notice by any method that lets you prove the date [VERIFY CPA, 2002, s. 92]. Bank statements then show the charges after that date.

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.