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

The general contractor did not pay you.

A subcontractor unpaid by a general contractor has two routes. Small Claims Court hears the money claim against the contractor up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). The Construction Act also gives a lien on the owner's interest in the land, with short deadlines and its own court process (ss. 14, 31, 36 and 50). The two routes can run together, but the lien clock does not wait.

Check your claim, free Write the demand letter

What you have to show

  1. 1. The subcontract: the scope, the price, and the payment terms.
  2. 2. The work you supplied, with dates, and the sign-offs or site records.
  3. 3. The unpaid amount, with the invoices, and any holdback the contractor kept.

Documents that help

  • • The subcontract, purchase order, or quote.
  • • Invoices and progress claims, with dates.
  • • Daily logs, photos, and delivery slips.
  • • Emails about payment, delays, or deficiencies.
  • • The legal name of the general contractor from the Ontario Business Registry.

The route

Check the lien deadline first. A subcontractor's lien expires 60 days after the earliest trigger date, such as your last supply, unless you preserve it (Construction Act, s. 31(1) and (3)). A lien claim is enforced by an action in the Superior Court of Justice (Construction Act, s. 50(1)). For the debt itself, send a demand letter. Then file a Plaintiff's Claim (Form 7A) against the legal entity of the contractor, with the subcontract and the invoices attached (rule 7.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06).

Deadline. Small Claims Court: 2 years from the missed payment (Limitations Act, 2002, s. 4 and s. 5). Lien: preserve within the 60-day period (Construction Act, s. 31), then perfect within 90 days after the last day for preservation (s. 36(2)).

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 a subcontractor sue the general contractor in Small Claims Court?
Yes. Your contract is with the general contractor, so the unpaid invoices are a debt that contractor owes you. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). You cannot split one contract into two claims to fit under the limit (rule 6.02). File Form 7A and pay $108 (O. Reg. 332/16, as stored 2026-01-06).
What is a construction lien and do I need one?
A lien is a claim on the owner's interest in the land for the price of the services or materials you supplied (Construction Act, s. 14(1)). It gives you a claim against the property, not only against the contractor. You must preserve it within 60 days after the earliest trigger date, such as your last supply (Construction Act, s. 31(3)). Then perfect it within 90 days after that (s. 36(2)). A lien claim runs in the Superior Court of Justice. Get advice fast.
What is holdback and can I claim it?
Each payer on a contract or subcontract must hold back 10% of the price of the work until the liens expire or are satisfied (Construction Act, s. 22(1)). The holdback is a fund for lien claimants. Once the liens have expired or been satisfied, each payer must release the holdback down the chain within 14 days (Construction Act, s. 26(8)). Claim it in Small Claims Court as part of the debt, with the invoices attached (rule 7.01(2)).
Can I use adjudication instead of court?
The Construction Act has a prompt payment regime: a 28-day payment clock on a proper invoice (s. 6.4(1)). It also has an adjudication process for payment disputes (s. 13.5). A determination of an adjudicator binds the parties until a court, an arbitrator, or a written agreement decides the matter (Construction Act, s. 13.15(1)). This route can be faster than court for an unpaid progress claim. These Parts do not apply to older contracts (s. 87.3(4)), so check your contract date.
Can I sue the owner if the general contractor does not pay me?
In most cases, no, because you have no contract with the owner. The lien is the route to the owner's interest in the land (Construction Act, s. 14(1)). A trust claim can also exist. Amounts the contractor receives or is owed on the contract price are a trust fund for its unpaid subcontractors (Construction Act, s. 8(1)). Small Claims Court hears the debt claim against the contractor. Get advice on the owner and the trust routes.

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. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.