Contractor disputes are among the most common issues brought to Small Claims Court in Ontario. Whether your contractor walked off the job, did substandard work, or is demanding payment for work you didn't authorize, you have legal options.
Before Going to Court: Demand Letter
Send a written demand letter by email and registered mail. State clearly: what the contractor agreed to do, what was done (or not done), what it cost you to fix or complete the work, and the amount you're claiming. Give a clear deadline (10-14 business days). Many contractors respond to formal demand letters.
Going to Small Claims Court
For amounts up to $35,000, Small Claims Court is your venue. You'll need to prove:
- A contract existed (written, verbal, or implied)
- The contractor breached it (didn't finish, did defective work, etc.)
- You suffered damages as a result
- The amount of your damages
Evidence You'll Need
- The original contract or quote
- Records of payments made
- Photographs of the work done (or not done)
- A written quote from another contractor to fix or complete the work
- Texts/emails with the contractor
Can You Withhold Payment?
If the contractor hasn't finished or the work is deficient, you may be entitled to withhold a portion of the contract price proportional to the incomplete or defective work. Be careful — completely refusing to pay when significant work was done can hurt your case.
Construction Liens
For disputes over $35,000 involving construction work, the Construction Act provides a lien mechanism that can be registered against the property. This is a complex process requiring a lawyer.