Breach of Contract Claim Wizard
When someone breaks an agreement and it costs you, a breach of contract claim may be your remedy. This wizard walks through the contract, the breach, and your losses to highlight how strong your claim may be, what you will need to prove, and any deadline you should not miss.
The Contract
Common Questions
Frequently Asked Questions
Can I sue for breach of a verbal contract in Ontario?
Often, yes. Verbal contracts can be enforceable in Ontario, though they are harder to prove because you must establish the terms through communications, conduct, and any partial documentation. Some specific types of contracts do need to be in writing.
What do I have to prove in a breach of contract claim?
Generally, that a valid contract existed, that the other party breached it, and that the breach caused you a loss the law recognizes. You must also prove the amount of your damages, usually in dollars.
What is the duty to mitigate?
The law generally expects a party who suffers a breach to take reasonable steps to limit their loss — for example, by finding an alternative supplier or re-letting a service. A failure to mitigate can reduce the damages you recover.
How long do I have to sue for breach of contract?
The general two-year limitation period usually applies, running from when you knew or ought to have known of the breach. There is also a 15-year ultimate deadline. Missing the applicable period can bar the claim, so act promptly.
Does this wizard predict whether I will win?
No. It highlights the factors relevant to a breach of contract claim and helps you organize your evidence and questions. It does not predict the outcome, which depends on the contract, the evidence, and the court's findings.
Free to use on your own website or blog — just copy the code below. Includes attribution back to Legal Solutions Law Firm.
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