Ontario Small Claims Court Contractor Dispute Calculator

What Damages Can You Claim Against a Contractor?

In an Ontario Small Claims Court contractor case, damages aim to put you in the position you would have been in if the contract had been performed properly. That usually means recovering the amount you paid for work you never received (your overpayment), plus what it reasonably costs to fix defects or have another trade finish the job — up to the court's $50,000 limit. Deposits for jobs that never started, the cost of replacing sub-standard materials, and consequential losses that flow naturally from the breach can all form part of the claim.

For the process itself — demand letter, Plaintiff's Claim, settlement conference — see our contractor dispute service page.

Defective and Incomplete Renovation Work

The two most common contractor claims are defective work — work done, but badly, so it needs repair or redoing — and incomplete work, where the contractor abandoned the job or never started after taking a deposit. The measure of damages differs slightly: defective work is generally valued at the cost of rectifying the defects, while incomplete work is valued at the amount paid beyond the fair value of what was actually done. Many renovation cases involve both, which is why this calculator asks for the fair value of completed work and the cost to fix or finish separately.

Repair and Completion Costs

Repair and completion costs must be reasonable — the court expects real quotes or invoices from replacement contractors, not guesses. Two or three written quotes for the corrective work is the strongest foundation; the mid-range quote is usually a safe number to claim. If the corrective work has already been done, the paid invoice is the best possible evidence. You cannot claim betterment: if fixing the defect leaves you with something better than you originally contracted for, the court may discount the award.

Delays and Additional Expenses

Losses beyond the construction work itself can be claimed when they flow directly from the contractor's breach. Examples include extra accommodation costs when a delayed renovation made a home unlivable, storage fees, equipment rentals, wasted permit fees, and damage the contractor caused to other parts of the property. Keep these heads of damage modest and well documented — deputy judges scrutinize consequential losses more closely than direct repair costs, and every dollar needs a receipt or invoice behind it.

Contractor Dispute Calculation Example

Suppose you paid a contractor $22,000 for a renovation, an independent assessment values the work actually completed at $14,000, and quotes to fix the defects and finish the job come in at $6,500. Your estimated claim is the $8,000 overpayment plus the $6,500 corrective cost — $14,500 — comfortably within the $50,000 Small Claims Court limit, plus the $108 filing fee and prejudgment interest. The actual award depends on what the evidence proves at trial, so treat the estimate as a starting point for your demand letter, not a guaranteed outcome.

Evidence Needed for a Contractor Claim

The contractor cases that win are the ones that arrive documented. Gather:

• the written contract, quote or estimate, and any change orders or texts varying the scope;
• proof of every payment — e-transfers, cheques, invoices marked paid;
• dated photos and video of the work at each stage, especially the defects;
• at least two written quotes (or paid invoices) for repair and completion;
• an independent report from an engineer, home inspector or senior trade for serious defects;
• all correspondence showing you gave the contractor a chance to return and fix the work.

Our guide to Small Claims Court evidence explains how to organize and present these documents at trial.