You paid. Nothing arrived.

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). File in the territorial division where the deal happened, or where the seller lives or carries on business (rule 6.01(1)). If the seller is outside Ontario, read the guide on that first. Try a card chargeback first if you paid by card.

Does the Consumer Protection Act help when goods never arrive?

It can. If delivery or full payment was to come later, the agreement is a future performance agreement. The Consumer Protection Act, 2002 lets you cancel it before delivery when the supplier is 30 days late (ss. 1 and 26). Consumer Protection Ontario can take a complaint, but it does not collect your money. You still sue to get the refund. The Act sends a consumer action to the Superior Court of Justice (Consumer Protection Act, 2002, s. 100(1)). Small Claims Court is a branch of that court (Courts of Justice Act s. 22(1)).

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.