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Paid for a service that wasn't delivered, or was delivered badly? Estimate your Small Claims Court damages, up to Ontario's $50,000 limit.
Estimate only — not legal advice. Actual damages depend on your contract and evidence.If an Ontario business failed to provide a service you paid for, or performed it negligently, you can sue for breach of contract in Small Claims Court for up to $50,000. Damages are usually the difference between what you paid and the value you actually received, plus the reasonable cost to complete or correct the work. The Consumer Protection Act may add cancellation and refund rights, and a credit-card chargeback can be a faster remedy. Claims generally must start within 2 years.
Whatever the service was promised — in writing, by email, or verbally — documenting the promise is key to your claim.
Many consumer services fall under Ontario's Consumer Protection Act, which can provide cancellation and refund rights beyond simple contract damages.
If you paid by credit card, a chargeback may resolve your dispute faster than court — but doesn't preclude a claim if it's denied.
Ontario Small Claims Court handles disputes up to $50,000. Larger service disputes require Superior Court civil litigation.
Yes. If a service was not delivered, was incomplete, or was substantially deficient, you can sue for breach of contract in Ontario Small Claims Court for up to $50,000.
A common measure is the difference between what you paid and the value of what you actually received, plus the reasonable cost to have the work completed or corrected. This calculator estimates that shortfall.
Often, yes. For many consumer transactions the Consumer Protection Act adds rights around misrepresentation and cancellation on top of your contract claim — worth raising alongside a breach-of-contract argument.
Generally 2 years from the day you knew — or reasonably should have known — that the service was not delivered or was deficient, under the basic limitation period in the Limitations Act, 2002. Waiting past that deadline can bar an otherwise valid claim.
It depends on what happened. If the service was never provided, you may be able to recover the full amount you paid. If you received partial value, damages are usually the difference between what you paid and what you actually got, plus the reasonable cost to complete or correct the work. The Consumer Protection Act may add cancellation or refund rights in some cases.
It is not strictly required, but a clear written complaint or demand letter often resolves the dispute without court, shows you acted reasonably, and can support a costs award if you do file. Some Consumer Protection Act remedies have their own notice steps worth checking first.
Often yes. Where a service was not provided or was misrepresented, you can ask your credit card issuer for a chargeback, and under the Consumer Protection Act you may have a statutory right to cancel certain agreements and demand a refund through your card provider. This can be faster than suing, though it does not replace a court claim for larger losses.
Possibly. A no-refund clause does not let a business keep your money for a service it failed to provide or performed negligently, and the Consumer Protection Act renders some unfair terms unenforceable. The clause is one factor, not an automatic bar, so it is worth having your specific agreement reviewed.
Keep the contract or written quote, proof of payment, all emails and texts, any advertising or promises the business made, photos or records of the deficient service, and — where relevant — a second provider's estimate to correct or complete the work. Dated, organized records are what carry these claims.
Usually yes. Reasonably foreseeable losses flowing from the breach — such as the cost of hiring someone else to fix or finish the job, or related out-of-pocket expenses — can be included on top of a refund of what you paid, up to the $50,000 Small Claims limit.
Recovery becomes harder. If a corporation is insolvent, a judgment may be difficult to collect, though you can still register as a creditor. If a director personally guaranteed the work or made fraudulent misrepresentations, there may be a claim against them individually. Confirm who you are actually dealing with before you pay a large deposit.
Sometimes. If the contract was made in Ontario or the service was to be provided here, an Ontario court may have jurisdiction, and the Consumer Protection Act can apply to consumers located in Ontario. Enforcing a judgment against a business with no Ontario assets can still be challenging, so factor that in.
You need to show the service fell below what was agreed or below a reasonable standard — not merely that you were unhappy. Compare what was promised (in the contract, quote, or advertising) to what was delivered, and support it with photos, an independent assessment, or a second provider's opinion.
Smaller claims can be handled yourself, but where the amount is significant or the business is disputing liability, a licensed paralegal or lawyer can help you frame the breach-of-contract and Consumer Protection Act arguments, quantify your loss, and present the evidence effectively. We offer a free consultation.
Yes. If you win, you can generally recover pre-judgment interest from the date of your loss, post-judgment interest until you are paid, and a portion of your costs — filing fees, reasonable disbursements, and limited representation fees. These are added on top of the principal you recover, up to the Small Claims limits.
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