Make ThemPay.

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

You paid. Nothing arrived.

A private sale, a marketplace seller, a small business that folded. If the seller is in Ontario or the deal was made here, Small Claims Court can order the refund, up to $50,000.

Check your claim, free Write the demand letter

What you have to show

  1. 1. The deal and the price.
  2. 2. Payment.
  3. 3. Non-delivery, or delivery of something not as described.
  4. 4. Your demand for a refund.

Documents that help

  • • The listing or ad, saved.
  • • Messages with the seller.
  • • Payment proof.
  • • Photos of what arrived, if anything.

The route

Try the card issuer's chargeback first if you paid by card. Then a demand letter, then Form 7A. Sue the legal name of the seller; a business name search helps.

Deadline. 2 years from the day delivery was due and did not happen (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 seller who took my money and did not deliver?
Yes. A seller who took payment and did not deliver owes you a refund. Small Claims Court can order the refund, up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The seller must be in Ontario, or the deal must have a link to Ontario [VERIFY rule 6.01 and the jurisdiction rules]. Try a card chargeback first if you paid by card.
Does the Consumer Protection Act help when goods never arrive?
It can. For some consumer agreements, the Consumer Protection Act, 2002 lets you cancel when delivery is 30 days late [VERIFY CPA, 2002, s. 26]. Consumer Protection Ontario can take a complaint, but it does not collect your money. You still sue in Small Claims Court to get the refund [VERIFY CPA, 2002, s. 100].
How do I find the seller's legal name for a Small Claims claim?
Your claim must state the defendant's full legal name (rule 7.01(2)). Check the receipt, the listing, the e-transfer name, and the terms page of the website. Search the Ontario Business Registry for the corporation or the registered business name. For a marketplace seller who is a person, use their full name and an address where you can serve them (rule 8.02).
How long do I have to sue for goods that never arrived?
You have 2 years from the day delivery was due, or from the day you knew the goods would not come (Limitations Act, 2002, s. 4 and s. 5). Repeat delivery promises do not pause the clock. Send a demand letter with one date, then file Form 7A if the date passes without payment.

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.