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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 against the land, with short deadlines and its own court process [VERIFY Construction Act, ss. 31–36]. 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 lien must be preserved within 60 days after your last supply, in most cases [VERIFY Construction Act s. 31]. A lien runs in the Superior Court of Justice, not Small Claims Court [VERIFY]. 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 60 days, then perfect within 90 days after that [VERIFY Construction Act, ss. 31 and 36].

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 charge on the land of the owner for the value of the work or materials you supplied [VERIFY Construction Act s. 14]. It gives you a claim against the property, not only against the contractor. You must preserve it within 60 days after your last supply, and perfect it within 90 days after that [VERIFY Construction Act, ss. 31 and 36]. A lien claim runs in the Superior Court of Justice. Get advice fast.
What is holdback and can I claim it?
The owner and each payer must hold back 10% of the value of the work until the lien period ends [VERIFY Construction Act s. 22]. The holdback is a fund for lien claimants. If you lost your lien rights, the holdback amount still forms part of what the contractor owes you under the contract [VERIFY]. 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 and a fast adjudication process for payment disputes on many contracts [VERIFY Construction Act, Part I.1 and Part II.1]. A decision of an adjudicator is binding on an interim basis, and the court can still decide the dispute later [VERIFY]. This route can be faster than court for an unpaid progress claim. Check whether it applies to your contract date and type.
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 land of the owner [VERIFY Construction Act]. A trust claim can also exist: money the contractor received for your work is a trust fund for you [VERIFY Construction Act, ss. 7–13]. 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. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.