They broke it. They will not pay.

Questions people ask

Can I sue someone for property damage in Small Claims Court in Ontario?

Yes. If someone caused damage to your property and the loss is $50,000 or less, Small Claims Court can order them to pay (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). You must show what happened, that they caused it, and what it cost. File a Plaintiff's Claim (Form 7A) and pay $108 (O. Reg. 332/16, as stored 2026-01-06).

How much can I claim for property damage?

Claim the cost to repair, or the replacement value if repair costs more than the item is worth [VERIFY]. Add related out-of-pocket costs, such as a rental car or towing, with receipts. Claim only what insurance did not pay. Prejudgment interest runs from the day of the damage (Courts of Justice Act s. 128). Keep the total at $50,000 or less (O. Reg. 626/00 s. 1).

What is the deadline to sue for property damage in Ontario?

You have 2 years from the day of the damage, or from the day you discovered who caused it (Limitations Act, 2002, s. 4 and s. 5). The outer limit is 15 years from the act itself (Limitations Act, 2002, s. 15). Insurance talks do not pause the clock. File the claim to protect the deadline, then settle if you can.

Do I need a trial for a property damage claim?

Not always. If the defendant files no Defence within 20 days (rule 9.01), you can note them in default (rule 11.01). Damage is an unliquidated claim, so a judge sets the amount at an assessment (rule 11.03). If they defend, the court holds a settlement conference (rule 13.01(1)). The case goes to trial only if it does not settle there.