Ontario Small Claims Court · claims up to $50,000
The vendor did not come. You paid.
A photographer, caterer, DJ, or venue that took your money and did not deliver owes you a refund. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). You can also claim the extra cost of a replacement above the contract price: contract damages give you the value of what was promised (Bank of America Canada v. Mutual Trust Co., 2002 SCC 43, para. 26).
What you have to show
- 1. The contract: the services, the date, the price, and the deposit terms.
- 2. What you paid, and what the vendor did or did not deliver on the day.
- 3. Your loss: the deposit, plus any extra cost for a replacement, with receipts.
Documents that help
- • The signed contract or the booking confirmation.
- • Receipts, e-transfers, or card statements for every payment.
- • Messages with the vendor before and after the event.
- • The replacement vendor's invoice.
- • Photos or a witness statement about what happened on the day.
The route
Send a demand letter with one date to pay. If you paid by card, ask the card issuer about a chargeback. If the date passes, file a Plaintiff's Claim (Form 7A) with the contract and the receipts attached (rule 7.01(2)). The fee is $108 (O. Reg. 332/16, as stored 2026-01-06). Sue the legal entity on the contract, and the person too if it is a sole proprietor.
Deadline. 2 years from the event date, or from the day the vendor told you they would not deliver (Limitations Act, 2002, s. 4 and s. 5).
From here to paid
Questions people ask
- Can I sue a wedding photographer or caterer who did not show up?
- Yes. A vendor who took payment and did not deliver has broken the contract. Small Claims Court hears money claims up to $50,000 (Courts of Justice Act s. 23; O. Reg. 626/00 s. 1). Claim the money you paid and the extra cost of a replacement. Contract damages give you the value of the promised performance (Bank of America Canada v. Mutual Trust Co., 2002 SCC 43, para. 26). File a Plaintiff's Claim (Form 7A) and pay $108 (O. Reg. 332/16, as stored 2026-01-06).
- Can a wedding vendor keep my deposit if I cancel?
- It depends on the contract. A clause that keeps the deposit can be valid, but a court can grant relief against a forfeiture on terms it considers just (Courts of Justice Act s. 98). If the vendor cancelled, or did not deliver, the deposit is part of your claim. Read the cancellation terms first. If you paid before the event, the agreement is a future performance agreement, which must be in writing (Consumer Protection Act, 2002, ss. 1 and 22). If you did not receive a copy that meets the rules, you can cancel within 1 year (s. 23).
- Can I claim for the stress and the ruined wedding day?
- In most cases, the court awards the money loss: the payments, and the extra cost to replace the service. Damages for distress under a contract are limited. A court awards them only where a purpose of the contract was peace of mind and the distress was serious (Fidler v. Sun Life Assurance Co. of Canada, 2006 SCC 30, paras. 45 and 47). Focus the claim on the numbers you can prove with receipts. Get advice before you add a large amount for distress.
- Who do I name in the claim: the vendor or the company?
- Name the legal entity on your contract (rule 7.01(2)). Many vendors trade under a brand name that is not a legal name. Search the Ontario Business Registry. If the business is a sole proprietorship, sue the person and add the business name. If it is a corporation, use the full name with Inc., Ltd., or Corp. A judgment against a wrong name is hard to enforce.
Other situations
- Unpaid invoice
- Contractor deposit
- Personal loan
- Deposit not returned
- Unpaid wages
- Property damage
- Paid, not delivered
- Served with a claim
- Roommate owes rent
- Car repair dispute
- Tuition or daycare fees
- Gym membership
- Freelancer not paid
- Subcontractor not paid
- Commercial lease
- E-transfer scam
- Bounced cheque
- Loan to an ex
- Tenant left damage
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.
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